Estate Of Shri.K.Rajasekaran v.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 22ND DAY OF JULY 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P.No. 137 of 2018 In the matter of Indian Succession Act, XXXIX of and In the matter of Estate of Shri.
** R.Yuvanesh (Amended carried out as per order dated 11/07/2019 in A.No.4772 of 2019)
1. K.Kothandapani, S/o.Late Shri.Kannaiya Naidu, No.1A, Pethu Naicken Street, Kondithope, Chennai-600 079.
2. K.Manivannan, S/o.Late Shri,Kannaiya Naidu, No.39/81, N.S.C.Bose Road, Sowcarpet, Chennai-600 001.
3. Kasthuri Thilagam, W/o.Srinivasa Naidu and D/o.Late Shri.Kannaiya Naidu, No.3, Venugopal Street, Guduvanchery, Kancheepuram District-603 202.
..Petitioners Original Petition praying that this Hon'ble Court be pleased to grant Letters of Administration to the property of the deceased, specified in the Schedule in the petition, to have effect throughout the whole of State of Tamilnadu to the petitioners.
This Original Petition coming on this day before this court for hearing the court made the following order:
The petitioners, who are the brothers and sister of the father of R.Yuvanesh, who died intestate on 02.11.2017 seek letters of administration in respect of the estate of the deceased R.Yuvanesh. His parents K.Rajasekaran and Revathi died intestate on 29.05.2002 and 02.08.2013 respectively.
2. The petitioners, who are the brothers and sister of the father of the deceased R.Yuvanesh would be his Class - II heirs under entry 7 of Class - II of the Schedule to the Hindu Succession Act. The first petitioner has examined himself as P.W.1. He has produced the legal heirship certificate of Andalammal, the mother of the petitioners and Late K.Rajasekaran as Ex.P1. The death certificates of K.Rajasekaran, his father Kannaiah Naidu, his wife Revathi Rajasekaran have been produced as Exs.P2 to P4 respectively. The death certificate of Yuvanesh has been produced as Ex.P5. Ex.P8 is the legal heirship certificate of P.V.Kannaiah Naidu. A perusal of Exs.P1 and P8 would show that the petitioners are the sons and daughter of deceased Kannaiah Naidu and brothers and sister of the deceased Rajasekaran. Publications have been effected in one issue of "News Today" and "Maalai Sudar". No objections have been received.
3. A.No.5827 of 2018 and A.No. 3556 of 2019 were filed by the brother and mother of Revathi seeking to implead themselves as parties to this original petition. Those applications were dismised by me on 29.03.2019 and 30.04.2019 as the applicants there in are not the heirs of R.Yuvanesh.
4. In view of the evidence available on record and the fact that the petitioners are the Class - II heirs of the deceased R.Yuvanesh, this application
is allowed granting letters of administration in respect of the estate of the deceased R.Yuvanesh in favour of the petitioners. The petitioners shall execute a bond for Rs.25,000/- each.
Sd/.R.S.M.J 22.07.2019 //Certified to be a true copy// Dated this the day of 2019.
SU/31/07/2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.