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Madras High CourtOP/196/2025ordered

S. Rajasekaran And 3 Others v. No Respondent

2025-08-13Honourable Mr.Justice K.Kumaresh Babu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.S.Rajasekaran 2.S.Ramesh 3.N.Gomathy 4.N.Saravanan

...Petitioners

PRAYER: Original Petition filed under Sections 218 and 278 of the Indian Succession Act, 1925 read with Order XXV, Rule 5 of the Original Side Rules praying to grant Letters of Administration to the property and credits of the deceased to have effect limited to the State of Tamil Nadu, may be granted to the petitioners as the legal heirs of the deceased. For Petitioner : Mr.K.V.Babu ----

ORDER

This Original Petition has been filed for issuance of Letters of Administration in respect of the properties of Mr.S.Ravichandran, who died intestate on 28.11.1019. The petitioners 1 to 4 are the siblings of the deceased.

2. The petitioners submit that one Mr.S.N.Sundaramoorthy had gotten 1/6

married to one Mrs.S.Sarojammal and couple had begotten the petitioners 1 to 4 along with deceased as their children out of the wedlock. The petitioners further submit that the deceased was married to one Mrs.R.Meenakshi and had begotten a daughter named Ms.Komalavalli. The aforesaid daughter of the deceased had predeceased him on 06.09.2004. Subsequently Mr.S.N.Sundaramoorthy, the father of the deceased died on 23.07.2017, followed by the death of Mrs.S.Sarojammal, the mother of the deceased on 23.01.2020 and Mrs.R.Meenakshi, the wife of the deceased on 23.09.2022. The petitioners assert that the immovable property listed under the schedule of the petition was absolutely owned by the deceased by the virtue of the Settlement Deed dated 10.08.1994.

The petitioners contend that they are the only surviving legal heirs of the deceased as all the immediate legal heirs of the deceased had already died. The petitioners further contend as the only surviving legal heirs of the deceased they are entitled to an equal 1/4th share each in the aforesaid immovable property. Therefore petitioners 1 to 4 seek issuance of Letters of Administration in respect of the properties mentioned in the petition, which is situated within the jurisdiction of this court.

3. The second petitioner has been examined as PW1 and he had produced 9 documents which are listed as Ex.P1 to Ex.P8 and Ex.C1 and Ex.C2 at the foot of the order. The online copy of the death certificate of the deceased has been marked as Ex.P1. The online copy of the legal heriship certificate of the deceased has been 2/6

marked as Ex.P2. As the evidence to the title held by the deceased towards the immovable property, a Settlement Deed dated 10.08.1994 has been marked as Ex.P7. The online copies of the death certificates of the following have been marked; Late.Mr.S.N.Sundaramoorthy, the father of the deceased has been marked as Ex.P3, Late.Mrs.S.Sarojaammal, the mother of the deceased has been marked as Ex.P4, Late.Mrs.R.Meenakshi, the wife of the deceased has been marked as Ex.P5 and Late.Ms.Komalavalli has been marked as Ex.P6. The perusal of the Ex.P2 clearly substantiates the averments made in the petition, that the petitioners 1 to 4 are the sole legal heirs of the deceased. The general paper publication has been effected which has been marked as Ex.C1 and Ex.C2 and any objections have not been received.

4. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the relief.

5. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioners 1 to 4, in respect of the property mentioned in the petition of the Late.Mr.S.Ravichandran. The petitioners are directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) in the name of the Assistant Registrar 3/6

(Original Side) of this Court and as per the request made by the learned counsel of the petitioners, the 2nd petitioner is directed to execute a security bond for on behalf of the other petitioners also. The petitioners are further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively.

Index :Yes/No Petitioners' witness:

P.W.1 - Mr.S.Ramesh Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Online copy of the death certificate of Mr.S.Ravihandran, brother of the 2nd petitioner (Date of death 28.11.2019), dated 31.12.2019.

Ex.P2 Online copy of the legal heirship certificate of S.Ravichandran, dated 28.02.2025.

Ex.P3 Online copy of the death certificate of S.N.Sundaramoorthy Naicker (Date of death 23.07.2017), dated 03.03.2025. Ex.P4 Online copy of the death certificate of S.Sarojammal (Date of death 23.01.2020), dated 09.02.2021.

Ex.P5 Online copy of the death certificate of R.Meenakshi (Date of death 23.09.2022), dated 17.10.2022.

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Ex.P6 Online copy of the death certificate of Komalavalli (Date of death 06.09.2004), dated 03.03.2025.

Ex.P7 Certified copy of the settlement deed along with photocopy, registered as Doc.No.3862 of 1994, dated 10.08.1994. Ex.C1 Paper Publication of the Tamil Journal "Makkal Kural" dated 07.06.2025.

Ex.C2 Paper Publication of the English Journal "Trinity Mirror" dated 15.06.2025.

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K.KUMARESH BABU, J.

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