Meenakshi Nagarajan (Deceased) And 8 Others v. Nil

N.SATHISH KUMAR, J.

This Original 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 Letters of Administration in respect of the estate of the deceased R.Lakshminarayanan.

2.The petitioners 1, 2, 3 and 5 are the sisters and fourth petitioner is the brother of the deceased R.Lakshminarayanan. Petitioners 6 to 9 are the legal heirs of the first and fourth petitioners, who died during the pendency of this petition. The deceased died intestate on 12.11.2020 and his wife pre-deceased him on 02.04.2020. They had no issues. The parents of the deceased also pre-deceased him. The deceased died intestate and though due and diligent search has been made for a Will, nothing has been found. Hence, the petitioners have filed this Original Petition seeking to grant Letters of Administration in their favour.

3.On the side of the petitioners, the third petitioner has examined herself as P.W.1 and marked Exs.P.1 to Ex.P.14.

4.P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Letters of Administration in their favour in respect of the estate of the deceased R.Lakshminarayanan. Exs-P.1, P.2 and P.3 are filed to prove the title of the property; Ex-P.4 is the computer generated death certificate of the deceased; Ex-P.5 is the computer generated death certificate of the wife of the deceased; Exs-P.6 to P.10 are filed to prove the death and legal heirship of the sister and brother of the deceased; Ex-P.12 is the affidavit of assets showing the net value of the estate as Rs.84,90,000/-; Exs-P.13 and P.14 are the paper publications and none have objected for the same. 5.

In view of the above facts, I am of the view that the petitioners has proved their claim as Class - II legal heirs and hence, the petitioners are entitled for the issuance of Letters of Administration in their favour. 6.Accordingly, this petition is allowed. Issue Letters of Administration in favour of the petitioners. The petitioners are directed to duly administer the properties and credits of the deceased more fully described in the schedule.

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 petitioners are further directed to render true and correct accounts once in a year.

22.12.2023 TK

N.SATHISH KUMAR, J.

TK 22.12.2023