V.Bhagyalakshmi v. R.Govindarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU V.Bhagyalakshmi ... Petitioner Vs R.Govindarajan ... Respondent PRAYER: Original Petition filed for issuance of Letters of Administration under Section 218 & 278 of the Indian Succession Act, r/w.XXV Rule 5 of the Original Side Rules, prays that the Letters of Administration to the properties and credits of the deceased Late R.Venkatasubramanian Iyer to have effect throughout the whole of the Union of India may be granted to the petitioner.

For Petitioner : Mr.R.Rajaratnam For Respondent : No appearance

ORDER

This Original Petition has been filed for issuance of Letters of Administration in respect of the property and credits held by R.Venkatasubramanian Iyer, who died intestate on 13.09.2019. The 1/4

petitioner is the wife and respondent is the brother of the deceased R.Venkatasubramanian Iyer. The petitioner seeks issuance of Letters of Administration in respect of the property and credits situate within the jurisdiction of this Court and for the property which is situated in Mumbai.

2. The petitioner is examined as P.W.1. She has produced the death certificate of the deceased R.Venkatasubramanian Iyer, as Ex.P1. The petitioner has no issues out of the wedlock. The respondent has given his consent to grant Letters of Administration in favour of the petitioner, and his consent affidavit is marked, as Ex.P4. 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 R.Venkatasubramanian Iyer. 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. This grant of Letters of Administration will not necessarily give power to the petitioner for appropriation of the said property 2/4

which is not within the jurisdiction 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. 28.04.2023 gba Index :Yes/No Speaking order: Yes/ No Petitioner's witness:

P.W.1 - Mrs.V.Bhagyalakshmi Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.R.Venkatasubramanian Iyer Ex.P2 Affidavit of assets showing the net value of estate as Rs.1,29,99,000/- Ex.P3 Photocopy of the petitioner's Aadhaar card Ex.P4 Consent affidavit given by the respondent Ex.P5 Copy of paper publication effected in one issue of Tamil dialy "Makkal Kural" dated 04.05.2022 Ex.P6 Copy of paper publication effected in one issue of English daily "Trinity Mirror" dated 11.05.2022 Ex.P7 Copy of paper publication effected in one issue of English daily "The Free Press Journal" dated 13.05.2022 Mumbai edition Ex.P8 Copy of paper publication effected in one issue of English daily "Dainik Yeshobhumi" dated 26.05.2022 in Mumbai Edition 3/4

28.04.2023 gba K.KUMARESH BABU,J.

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