Raja Rathinam And Another v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.03.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mr.Raja Rathinam 2.Mr.Vinay Kumar
...Petitioners
PRAYER: Original Petition filed under Sections 218 & 278 of the Indian Succession Act, 1925 read with Order XXV Rule 5 of O.S.Rules, praying that Letter of Administration to the property and the credits of the deceased to have effect throughout the State of Tamil Nadu may be granted to them. For Petitioners : Mr.N.Murali O RDER This Original Petition has been filed for issuance of Letters of Administration in respect of the properties of late.Mrs.Radha Rajarathinam, who died intestate on 30.08.2018 . The first petitioner is the husband and the second petitioner is the son of the deceased and the deceased has no other surviving legal heirs except the petitioners. The petitioners seeks issuance of 1/5
Letters of Administration in respect of the properties mentioned in the petition, which is situated within the jurisdiction of this court.
2. The first petitioner has been examined as PW1. He has produced the aadhar and the death certificate of the deceased compared with the originals as Ex.P3 and Ex.P4. The legal heirship certificate of the deceased, compared with the original as Ex.P5. On perusal of the Ex.P5, it clearly shows that the petitioners are the only surviving legal heirs of the deceased. A paper publication has been made and any objections have not been received.
3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are 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 petitioners, in respect of the properties mentioned in the petition. The petitioners are directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty 2/5
Five Thousand Only) in the name of the Assistant Registrar (Original Side) of this Court. The petitioners are further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively.
kak Index :Yes/No Petitioner's witness:
P.W.1 - Mr.Raja Rathinam Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the Aadhar Card of the 1st petitioner (Original is produced, compared and returned to the petitioner's counsel).
Ex.P2 Photocopy of the Aadhar Card of the 2nd petitioner. (Original is produced, compared and returned to the petitioner's counsel) Ex.P3 Photocopy of the Aadhar of the deceased Mrs. Radha Rajarathinam.
Ex.P4 Computer generated copy of the death certificate of Mrs. Radha Rajarathinam dated 30.08.2018.
Ex.P5 Computer generated copy of the legal heir certificate of Mrs. Radha Rajarathinam dated 12.10.2019.
Ex.P6 Photocopy of the letter issued by State Bank of India, 3/5
Besent Nagar Branch for Locker No.8/44 dated 14.06.2021.(Original is produced, compared and returned to the petitioner's counsel).
Ex.P7 Photocopy of the letter issued by State Bank of India, Besent Nagar Branch for Locker No.8/44 dated 30.06.2021.(Original is produced, compared and returned to the petitioner's counsel).
Ex.P8 Photocopy of the letter issued by State Bank of India, Besent Nagar Branch for Locker No.8/44 regarding articles available in locker with valuation dated 29.01.2024.(Original is produced, compared and returned to the petitioner's counsel).
kak K.KUMARESH BABU, J.
kak 4/5
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