Nimmi Manoharan v. Esther Namita Damayanti Josiah And Another
O.P. No.312 of 2023 N.SATHISH KUMAR, J.
This Petition has been filed under Sections 232 and 276 of the Indian Succession Act read with Order XXV Rule 5 of the Original Side Rules, seeking to grant of Letters of Administration.
2. This petition has been filed for grant of Letters Administration in respect of the estate of one Anitha Vedamuthu. The parties herein are the sisters of the deceased Anitha Vedamuthu. The deceased Anitha Vedamuthu died on 09.02.2019, issue-less. The petitioners are the Class-II legal heirs of the deceased. The respondents have given consent for grant of Letters of Administration in favour of the petitioner. The deceased died intestate and though due and diligent search has been made for a Will, nothing has been found. There is no other kith or kin available than the petitioners. The amount of assets which is likely to come to the petitioner's hands does not exceed in the aggregate sum of Rs.1,50,00,000/- and the net amount of the said assets after deducting all the items, which the petitioner is by law
allowed to deduct is only of the value of Rs.1,50,00,000/-. The petitioner undertakes to duly administer the property and credits of the deceased Anitha Vedamuthu and to make a full and true inventory thereof and exhibit the same to the Court within six months from the date of grant of Letters of Administration to the petitioners and also render a true account of the said property and credits within one year from the said date.
3. The petitioner has been examined as P.W.1. P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioner has filed this petition for grant of Letters of Administration in favour of the petitioner in respect of the estate of the deceased Anitha Vedamuthu. Ex.P.6 is the photocopy of the record of family arrangement dated 12.03.2009. Ex.P.8 is the copy of the death certificate of deceased Anitha Vedamuthu. Ex.P10 is the affidavit of assets showing the net value of the estate as Rs.1,50,00,000/-. Exs.P.11 & 12 are the paper publications, but none have objected for the same.
4. In view of the above facts, I am of the view that the petitioner has proved her claim and hence, the petitioner is entitled for the issuance of
Letters of Administration in her favour.
5.Accordingly, this petition is allowed. Issue Letters of Administration in favour of the petitioner. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioner is also directed to execute a security bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) in favour of the Assistant Registrar (O.S.II), High Court, Madras. The petitioner is further directed to render true and correct accounts once in a year. 23.11.2023 dhk
N.SATHISH KUMAR, J.
dhk O.P. No.312 of 2023 23.11.2023