N.P.Sukummar v. N.Saraswathi And 4 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU N.P.Sukummar ... Petitioner Vs 1.N.Saraswathi 2.N.Lakshmi 3.N.Gopalakrishnan 4.N.Parvathavarthini 5.N.Savithri ... Respondents PRAYER: Original Petition filed for issuance of Letters of Administration under Section 232 & 276 of the Indian Succession Act, r/w.XXV Rule 5 of the Original Side Rules, prays that the Letters of Administration to the property and credits of the deceased.

For Petitioner : Mr.S.Gopalakrishnan For Respondents : No appearance

ORDER

This Original Petition has been filed for issuance of Letters of Administration in respect of the property and credits held by N.Lalitha, who died intestate on 03.11.2019. The petitioner and the third respondent are the brothers, the first, second, fourth and fifth respondents are the sisters of the deceased N.Lalitha. The petitioner seeks issuance of Letters of Administration 1/4

in respect of the property and credits situate within the jurisdiction of this Court.

2. The petitioner submits that the deceased N.Lalitha remained unmarried till her death. The petitioner is examined as P.W.1. He has produced the death certificate of the deceased N.Lalitha, as Ex.P2. The respondents have given their consent to grant Letters of Administration in favour of the petitioner, and their consent affidavits are marked, as Exs.P9 to P13. A paper publication has been made and any objections have not been received.

3. In view of the above said evidence, this Original Petition is ordered and Letters of Administration is granted in favour of the petitioner, in respect of the property and credits held by N.Lalitha. 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 Speaking order: Yes/ No 2/4

Petitioner's witness:

P.W.1 - Mr.N.P.Sukummar Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Certified copy of the sale deed dated 27.19.1995 executed in favour of Mrs.N.Lalitha and Mr.N.P.Sukummar Ex.P2 Computer generated death certificate of Mrs.N.Lalitha Ex.P3 Computer generated encumbrance certificate dated 18.04.2022 for the period from 01.09.1995 to 10.04.2022 standing in the name of Mrs.Lalitha and Mr.Sukkumar Ex.P4 Online printout of property tax receipt dated 11.04.2022 in the name of Mrs.N.Lalitha Ex.P5 Online printout of water tax and charges receipt dated 11.04.2022 in the name of Mrs.N.Lalitha Ex.P6 Affidavit of assets showing the net value of the estate as Rs.15,00,000/- Ex.P7 Copy of paper publication effected in one issue of Tamil dialy "Makkal Kural" dated 27.12.2022 Ex.P8 Copy of paper publication effected in one issue of English daily "Trinity Mirror" dated 04.01.2023 Ex.

P9 Consent affidavit is given by the 1st respondent Ex.P10 Consent affidavit is given by the 2nd respondent Ex.P11 Consent affidavit is given by the 3rd respondent Ex.P12 Consent affidavit is given by the 4th respondent Ex.

K.KUMARESH BABU,J.

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