A.N.Arunodhayam And Another v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.A.N.Arunodhayam 2.A.N.Sasikala
...Petitioners
PRAYER: Original Petition filed for grant of Letters of Administration under Section 218 and 278 of Indian Succession Ac,t 1925, read with Order XXV Rule 5 of the Original Side Rules, prays that Letters of Administration in respect of the property morefully described in the Schedule hereunder and credits of the deceased A.N.Vijayakumar to have effect throughout the State of Tamil Nadu may be granted to the petitioners, in accordance with law. For Petitioner : Mr.A.E.Ravichandran
ORDER
This Original Petition has been filed for issuance of Letters of Administration in respect of the properties of late.A.N.Vijayakumar, who died intestate on 13.11.2013 as bachelor. The petitioners are the siblings of the deceased. The deceased has no other surviving legal heirs except the petitioners. The parents of the deceased predeceased him. The petitioners seek 1/6
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 first petitioner has been examined as PW1. He has produced the computer generated death certificates of the parents of the deceased as Ex.P2 and Ex.P3. The death certificate and legal heir certificate of the husband of the deceased's sister as Ex.P5 and Ex.P6. The death certificate of the deceased and his sister as Ex.P8 and Ex.P7. The legal heirship certificate of the deceased's mother as Ex.P4. The order of probate in O.P.No.514 of 2015 dated 06.04.2016 in favour of the petitioners for the estate of deceased sister Ranjini Devi as Ex.P9. On perusal of Ex.P4, it shows that the mother of the deceased had four children including the petitioners and the deceased. One among four children i.e., Ranjini Devi and her husband died, who did not leave behind any successors. From the above observation, it can be inferred that the petitioners are the surviving legal heirs of the deceased who are the siblings 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 2/6
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 of the late.A.N.Vijayakumar. The petitioners are 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 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.A.N.Arunodhayam Documents exhibited by the petitioners:
Exhibits Documents 3/6
Ex.P1 Photocopy of the sale deed dated 31.05.1983 executed in favour of Mr. A.N. Vijayakumar (Compared with the original).
Ex.P2 Computer generated death certificate of Mr. L. Natarajan Mudaliar.
Ex.P3 Photocopy of the death certificate of Mrs. Saraswathi (Compared with the original).
Ex.P4 Photocopy of the legal heirship certificate of Mrs.Saraswathi (Compared with the original).
Ex.P5 Photocopy of the death certificate of Mr.S.G.Chandrasekaran (Compared with the original). Ex.P6 Photocopy of the legal heir certificate of Mr.S.G.Chandrasekaran (Compared with the original). Ex.P7 Computer generated death certificate of Mrs. N. Ranjani Devi.
Ex.P8 Computer generated death certificate of Mr. Vijayakumar. Ex.P9 Photocopy of the probate order in OP.No.514 of 2015 passed by the Hon'ble High Court on 06.04.2016 (Compared with the original).
Ex.P10 Photocopy of my Aadhaar Card (Compared with the original).
Ex.P11 Photocopy of the Aadhaar Card of the second petitioner (Compared with the original).
Ex.P12 Online printout of the guideline value of the schedule property.
Ex.P13 Affidavit of assets showing the net value of the estate as Rs.4,82,400/-.
Ex.P14 Certificate under Section 65B of the Indian Evidence Act, 1872.
Ex.P15 Copy of the paper publication effected in one issue of Tamil Daily 'Makkal Kural' dated 07.04.2023.
Ex.P16 Copy of the paper publication effected in one issue of English Daily 'Trinity Mirror' dated 15.04.2023. 4/6
kak K.KUMARESH BABU, J.
kak 5/6
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