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Madras High CourtOP/672/2021ordered

Kanak Nagarkatti v. Nil

2022-02-28Honourable Mr Justice P. Velmurugan5 pages

P. VELMURUGAN, J.

This Petition has been filed seeking for grant of letters of administration without Will.

2. The first petitioner is the husband and the second and third petitioners are the sons of the deceased Chandrakala Kanak Nagarkatti who died intestate on 13.12.2017 leaving behind the properties whose net value is approximately Rs.2,00,00,000/- which is disclosed in paragraph 7 of the petition filed in support of O.P.No.672 of 2021. The parents of the deceased predeceased her and as such, the petitioners are the only class-1 legal heirs of the deceased Chandrakala Kanak Nagarkatti.

3. Before the learned Master, the second petitioner who is the son of the deceased was examined as PW1 and in his deposition, he has reiterated the contents of the petition filed in support of O.P.No.672 of 2021. Through PW1, the following documents were marked as Exhibits:

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Exhibits Nature of Documents P1 Photocopy of the death certificate of Mr.P.Ganesh Rao P2 Death certificate of Vatsala G.Rao P3 Photocopy of the Sale Deed dated 24.03.1989 registered as Doc.No.182 of 1989 at SRO, Thousand Lights P4 Photocopy of the Sale Deed dated 24.03.1989 registered as Doc.No.205 of 1989 at SRO, Thousand Lights P5 Photocopy of the Construction Agreement dated 14.04.1989 P6 Photocopy of the Sale Deed dated 24.03.1989 registered as Doc.No.181 of 1989 at SRO, Thousand Lights P7 Photocopy of the Sale Deed dated 24.03.1989 registered as Doc.No.206 of 1989 at SRO, Thousand Lights P8 Photocopy of the Construction Agreement P9 Photocopy of the death certificate of Chandrakala Kanak Nagarkatti P10 Computer generated property tax receipt dated 01.05.2021 P11 Print out of water tax receipt dated 01.05.2021 P12 Computer generated family tree dated 07.08.2021 P13 Photocopy of Order dated 09.10.2015 in O.P.No.23 of 2015 passed by this Court.

P14 Series 3 Nos. are the photocopies of the Aadhaar Cards of the petitioners 1 to 3 P15 Photocopy of the Patta dated 03.02.2020 P16 Photocopy of the Adangal extract dated 18.03.1996 P17 Photocopy of the Chitta dated 18.03.1996 P18 Computer generated property tax receipt dated 01.05.2021 P19 Print out of water tax receipt dated 01.05.2021 P20 Photocopy of the Sale Deed dated 10.11.1995 registered as Doc.No.3134 of 1995 at SRO, Tiruporur P21 Affidavit of assets showing the net value of the estate as Rs.2,00,00,000/- P22 Series 2 Nos. are the copies of paper publications effected in one issue of Tamil daily "Dina Kural" dated 15.12.2021 and one issue of English daily "Southern Mail" dated 23.12.2021 2/5

4. This Court perused and examined the materials available on record.

5. Ex.P9, the death certificate of Chandrakala Kanak Nagarkatti shows that she died on 13.12.2017. It is seen from Ex.P1 & Ex.P2 that the parents of the deceased Chandrakala Kanak Nagarkatti were predeceased her. Ex.P12 family tree reveals that the petitioners are the only legal heirs of the deceased. Ex.P13, the order dated 09.10.2015 passed in O.P.No.23 of 2015 by this Court granting letters of administration to Chandrakala Kanak Nagarkatti (deceased) for the properties of her parents, is evidenced that she is the only legal heirs for her parents. Exs.P3, P4, P5, P6, P7, P8, P10, P11, P15, P16, P17, P18, P19, P20 reveal that the petition schedule mentioned properties are standing in the name of the deceased. Paper publications have also been effected in one issue of Tamil daily "Dina Kural" dated 15.12.2021 in one issue of English daily "Southern Mail" dated 23.12.2021 and the copies of the same have been marked as Ex.P22 series.

6. After giving due consideration to the pleadings and the evidence available on record, this Court is inclined to grant letters of administration in favour of the petitioners as prayed for in this Original Petition. Accordingly, this Original Petition is allowed as prayed for.

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7. Issue Letters of Administration in favour of the petitioners. The petitioners are directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioners are 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 petitioners are further directed to render true and correct account once in a year.

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P. VELMURUGAN, J.

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