S.Bhama v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU S.Bhama
...Petitioner
vs.
Nil
...Respondent
PRAYER: Original Petition filed under Section 218 & 278 of the Indian Succession Act, 1925 and Order XXV Rule 5 of the O.S. Rules, prays to grant Letters of Administration to the property and credits of the deceased Rama Prem Anand alias S.Rama have effect throughout limited to the State of Tamil Nadu.
For Petitioner : Mr.Sam Jayaraj Houston For M/s.Sarvabhauman Associates
ORDER
This Original Petition has been filed for issuance of Letters of Administration in respect of the properties of Late.Mrs.Rama Prem Anand, who died intestate on 02.05.2021. The petitioner submits that she is the mother-in-law of the deceased testatrix, who was married to her son Late.Mr.Sankaran Prem Anand, who died in Singapore on 26.07.2016. The petitioner further submits that the deceased did not have any issues in the 1/6
duration of her marriage and subsequently the only unmarried sister of the deceased Late.Ms.Hema also died on 13.03.2023. The petitioner seeks issuance of Letters of Administration in respect of the properties mentioned in the petition, which is situated within the jurisdiction of this court.
2. The petitioner has been examined as PW1. She has produced the computer generated death certificates of the testatrix, the husband of the testatrix Late.Mr.Sankaran Prem Anand and testatrix's sister Late.Ms.Hema as Ex.P1, Ex.P3 and Ex.P4. The computer generated legal heirship certificate of the Late.Mr.Sanakaran Prem Anand the husband of the testatrix has been marked Ex.P7. Perusal of the Ex.P7, clearly shows that the petitioner is the mother of Late.Mr.Sankaran Prem Anand and thereby mother-in-law of the testatrix. The Aadhar card of the petitioner compared with the original and affidavit of assets has been marked as Ex.P11 and Ex.P15. The paper publications have been made and are marked as Ex.P16 and Ex.P17, no objections have been received for the same.
3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner 2/6
is entitled to the relief.
4. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioner, in respect of the properties mentioned in the petition of the Late.Mrs.Rama Prem Anand. The petitioner is 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 (Original Side) of this Court. The petitioner is 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 Petitioner's witness:
P.W.1 - Mrs.S.Bhama 3/6
Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Computer generated death certificate of Mrs.Rama. Ex.P2 Photocopy of the extract of Marriage certificate held between Mr.Shankaran Premanand and Ms.S.Rama (Pursuant to the order dated 24.02.2025 in A.No.217 of 2025 this document is marked) Ex.P3 Computer generated death certificate of Mr.Shankaran Prem Anand.
Ex.P4 Computer generated death certificate of Mrs.Hema. Ex.P5 Photocopy of the sale deed dated 06.06.2016 executed in favour of Mrs.Rama Prem Anand (Compared with the original) Ex.P6 Online printout of Encumbrance certificate dated 25.03.2024 in respect of the property bearing document No.3983/2016.
Ex.P7 Computer generated legal heirship certificate of Mr.Shankaran Prem Anand.
Ex.P8 Printout of the email dated 18.03.2024 sent by SBI to my counsel.
Ex.P9 Original letter dated 12.03.2024 sent by counsel to the Manager, SBI, Thiruvanmiyur Branch.
Ex.P10 Computer generated statement of account from 02.05.2023 to 14.03.2024 in respect of account held by Mrs.Rama Prem Anand.
Ex.P11 Photocopy of Aadhar Card (Compared with the original) Ex.P12 Photocopy of the passport of Mr.Shankaran Prem Anand (Compared with the original) (Pursuant to the order dated 24.02.2025 in A.No.710 of 2025 this document is marked) Ex.P13 Photocopy of the passport of Mrs.Rama (Compared with the original) (Pursuant to the order dated 24.02.2025 in A.No.710 of 2025 this document is marked) 4/6
Ex.P14 Copy of the email dated 27.01.2025 sent by Singapore Government to my counsel. (Pursuant to the order dated 24.02.2025 in A.No.710 of 2025 this document is marked) Ex.P15 Affidavit of assets showing the net value of the Estate as Rs.80,97,974.69/- Ex.P16 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 03.10.2024.
Ex.P17 Copy of the paper publication effected in one issue of English Daily "Trinity Mirror" dated 10.10.2024. Ex.P18 Certificate under Section 65 B of the Indian Evidence Act, 1872. (for Ex.P3 and Ex.P14) Ex.P19 Certificate under Section 65 B of the Indian Evidence Act, 1872. (for Exs.P1, P4, P6, P7 and P8) 5/6
K.KUMARESH BABU, J.
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