Estate Of v. Mrs.Usha Raghunathan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 07TH DAY OF MARCH, 2019 THE HON'BLE MRS. JUSTICE R.SUBRAMANIAN O.P.No.600 OF 2018 In the matter of Indian Succession Act XXXIX OF 1925 And In the Matter of the estate of Indumathi Narayanan, deceased intestate 1.Mrs.Vijayalakshmi Ratnam Wife of Ramji Ratnam,
2. Mrs.Veda Desikan Wife of Desikan
3. S.Madhavan S/o K.S.Raghavan And 1 to 3 Rep.by Power agent Ramji Ratnam, Son of Late S.K.Gopalakrishnan And all residing at C 302, Rose Wood Aoartments Mayur Vihar Phase I Extn, Delhi-110091.
... Petitioners Vs.
1.Mrs.Usha Raghunathan 2.Ms.Aditi Raghunathan 3.Mr.Atul Raghunathan 702, 30th Main AXA Bldg.
B T M layout 2nd State Bangalore 560 076.
..Respondent Original petition praying that this Hon'ble Court be pleased to grant Letters f Administration to the property and credits of the deceased Indumathi Narayanan to the Power agent of the petitioners Ramji Ratnam for the use and benefit of the Principals, Unitl the Principals get the grant for themselves limited to have effect within the State of Tamilnadu.
This Original Petition coming on this day before this Court for hearing, the Court made the followings order:- The petitioners who are the siblings of the deceased Indumathi Narayanan who died on 14.05.2016 seek issuance of Letters of Administration in respect of the estate of the deceased.
2. The husband of the deceased Mr.Narayanan died on 15.04.2015 and her parents viz., K.S.Raghavan and Vedavalli Raghavan died on 05.09.1997 and 10.04.2005 respectively. The respondents are the legal heirs of one of the brothers of Narayanan viz., Raghunathan who died on 20.02.2001. The legal heirship certificate of Narayanan has been produced as Ex.P3.
3. The death certificates of Indhumathi Narayanan, Srinivasa Narayanan, S.Raghunathan, K.S.Raghavan [Father of Indhumathi Narayanan], Vedavalli Narayanan [Mother of Indhumathi Narayanan], Mr.V.R.S.Raghavan [Father-in-law of Indhumathi Narayanan], Mythily Raghavan [Mother-in-law of Indhumathi Narayanan] have been filed as Exs.P1, P2, P4, P10, P11, P12 and P13 respectively.
4. From the above documents, it is clear that the petitioners alone being the brother and sisters of the husband of the deceased would be the legal heirs under Section 15(1)(b) of the Hindu Succession Act.
5. The respondents who are the children of the predeceased brother of Narayanan will not get any right over the property. However, the respondents have filed a consent affidavit expressing their no objection for grant of Letters of Administration in favour of the petitioners.
6. In view of the same, this Original Petition is allowed granting Letters of Administration in favour of the petitioners in respect of the estate of Indhumathi Narayanan. The petitioners shall 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.
Sd/.R.S.M.J.
07.03.2019 //Certified to be a true copy// Dated this the day of 2019.
GJM/1.4.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.