V.R.Rajagopalan v. R.Rangarajan And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU V.R.Rajagopalan
...Petitioner
vs.
1.R.Rangarajan 2.R.Vathsala
...Respondents
PRAYER: Original Petition filed under Sections 218 & 278 of the Indian Succession Act, 1925 read with Order XXV Rule 5 of O.S. Rules, prays that this Hon'ble Court may be pleased to grant Letters of Administration to the properties and credits of the deceased Shri R.Raghunathan, as specified in the affidavit of assets, to the petitioner/elder brother of the deceased, having effect limited to the State of Tamil Nadu.
For Petitioner : M/s.R.V.Gayatri For M/s.P.B.Ramanujam Associates For Respondents : No appearance
ORDER
This Original Petition has been filed for issuance of Letters of Administration in respect of the properties of Late.Mr.R.Raghunathan, who 1/5
died intestate on 02.08.2011. The petitioner and the first respondent are the brothers of the deceased and the second respondent is the sister of the deceased. The petitioner submits that the deceased Late.Mr.R.Raghunathan died as a bachelor, his parents already predeceased him. Therefore the deceased has no other surviving legal heirs except the petitioner and the respondents. 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. He has produced the computer generated death certificate of the deceased as Ex.P1. The legal heirship certificate of the deceased has been marked as Ex.P2. The 1st and 2nd respondent have consented to grant the Letter of Administration in favour of the petitioner and both their consent affidavits were filed along with the petition. The notices were served upon both respondents, the counsel for the respondents appeared on behalf of them reiterated the consent affidavits. On perusal of the Ex.P2, it clearly shows that the petitioner and the respondents are the only surviving legal heirs of the deceased and parents of the late Late.Mr.R.Raghunathan predeceased him. The affidavit of assets of the petitioner has been marked as Ex.P4. The general paper publications have 2/5
been completed and were marked as Ex.P5 and Ex.P6, 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 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.Mr.R.Raghunathan. 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. kak Index :Yes/No Petitioner's witness:
P.W.1 - Mr.V.R.Rajagopalan 3/5
Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Computer generated death certificate of Mr.R.Raghunathan. Ex.P2 Computer generated legal heirship certificate Mr.R.Raghunathan.
Ex.P3 Certificate under Section 65 B of the Indian Evidence Act, 1872.
Ex.P4 Affidavit of assets showing the net value of Estate as Rs.50,48,119.22 Ex.P5 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 29.11.2024.
Ex.P6 Copy of the paper publication effected in one issue of English Daily "Trinity Mirror" dated 07.12.2024. kak K.KUMARESH BABU, J.
kak 4/5
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