T.R.Padmanabhan And 3 Others v. No Respondent

O.P. No.424 of 2023 N.SATHISH KUMAR, J.

This Petition has been filed under Sections 218 and 278 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 T.A.Raman. The petitioners are the cousin brothers of the deceased. The deceased T.A.Raman died on 07.07.2022 intestate and issues were born to him. The petitioners are the Class-II legal heirs of the deceased. The petitioners 2 to 4 have given consent for grant of Letters of Administration in favour of the first petitioner. The deceased died intestate and though due and diligent search has been made for a Will, nothing has been found. The amount of assets which is likely to come to the petitioners hands does not exceed in the aggregate sum of Rs.75,30,758.10/- and the net amount of the said assets after deducting all the items, which the petitioners are by law allowed to deduct is only of the value of Rs.75,30,758.10/-. The petitioners undertakes to duly administer the

property and credits of the deceased T.A.Raman 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 first petitioner has been examined as P.W.1. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Letters of Administration in favour of the first petitioner in respect of the estate of the deceased T.A.Raman. Ex.P.7 is the copy of the death certificate of T.A.Raman. Ex.P.7 has been filed to prove that the testator T.A.Raman died on 07.07.2022. Ex.P.8 is the photocopy of the Aadhar card of T.A.Raman. Exs.P.18 & P.19 are the photocopy of the passbook of the deceased. Ex.P20 is the affidavit of assets showing the net value of the estate as Rs.75,10,758/-. Exs.P.21 & P.22 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 petitioners have proved their claim and hence, the first petitioner is entitled for the issuance of Letters of Administration in his favour.

5. Accordingly, this petition is allowed. Issue Letters of Administration in favour of the first petitioner. The first petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The first 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 first petitioner is further directed to render true and correct accounts once in a year.

18.10.2023 dhk

N.SATHISH KUMAR, J.

dhk O.P. No.424 of 2023 18.10.2023