C.R.Venkataraman v. Nil
O.P.No.704 of 2021 KRISHNAN RAMASAMY, J., This petition has been filed under Sections 232 and 278 of the Indian Succession Act, XXXIX, 1925 read with Order XXV, Rule 5 of O.S. Rules, for the grant of Letters of Administration with the Will of the deceased having effect throughout the State of Tamil Nadu.
2.The case of the petitioners is that the deceased Mr.C.R.Kesava Pillai, the 1st petitioner /C.R.Venkataraman and Mr.C.R.Vekatachallam are brothers. The schedule mentioned property originally belongs to the deceased Mr.C.R.Kesavapillai, who died instate on 06.07.2007 and her wife died on 05.08.2010 and they have no issues. The parents of the deceased Mr.C.R.Kesavapillai predeceased him. One of the brother Mr.C.R.Venkatachallam also died on 04.06.2022 leaving behind his wife and three daughters, who are the petitioners 2 to 5 herein. The deceased Mr.C.R.Kesavapillai has left his brother and brother's daughters who are class II legal heirs, entitled to equal shares of the estate. The petitioners states that the amount of assets are likely to come to the petitioners hand does not exceed in the aggregate sum of Rs.41,60,700/- after 1/4
deductions. Therefore, the petitioners filed the present petition to administer the properties and credits of the said deceased C.R.Kesavapillai and to make a full and true inventory thereof and exhibit the same in this court within six months from the grant of Letters of Administration and also render a true account of the said property and credits within one year from the said date. No application has been filed in any other Court for Letters of Administration. 3.In order to establish the case of the petitioners, the 1st petitioner was examined as P.W.1 and following documents Viz., Exs.P1 to P8 were marked;
(1) Ex.P1 is the death certificate of Maniammal dated 14.04.1990.
(2) Ex.P2 is the legal heir certificate of Ramasamy Pillai dated 12.02.1992.
(3) Ex.P3 is the death certificate of C.R.Kesavan dated 06.06.2007.
(4) Ex.P4 is the legal heir certificate of C.R.Kesavan dated 14.02.2008.
(5) Ex.P5 is the the death certificate of C.R.Mani @ C.R. Venkatachalam dated 04.07.2008.
(6) Ex.P6 is the legal heir certificate of C.R.Mani @ C.R. Venkatachalam dated 06.02.2009.
(7) Ex.P7 is the death certificate of V.K.Rani the wife of the deceased 2/4
C.R.Kesavan dated 05.08.2010.
(8) Ex.P8 is the sale deed of the deceased C.R.Kesavan dated 28.01.1985.
4. Considering the averments made in the petition and on perusing the materials available on record, I am satisfied that the petitioner is entitled to the issuance of Letters of Administration.
5.Accordingly, this petition is allowed. Issue Letters of Administration in favour of the petitioner. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioner is also directed to 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. The petitioner is further directed to render true and correct accounts once in a year.
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KRISHNAN RAMASAMY, J., rst O.P.No.704 of 2021 18.08.2022 4/4