M.Parimala v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU M.Parimala ... Petitioner PRAYER: Original Petition filed for issuance of Letters of Administration under Section 232, 255 & 276 of the Indian Succession Act, r/w.XXV Rule 5 of the Original Side Rules, prays that the Letters of Administration to the property and credits of the deceased Mr.T.M.Manivannan. For Petitioner : Mr.P.Paul Selvam
ORDER
This Original Petition has been filed for issuance of Letters of Administration in respect of the property and credits held by T.M.Manivannan, who died intestate on 31.05.2018. The petitioner is the sister of the deceased T.M.Manivannan. The petitioner seeks issuance of Letters of Administration in respect of the property and credits situate within the jurisdiction of this Court.
2. The petitioner submits that the deceased T.M.Manivannan remained unmarried till his death and his parents pre-deceased him. The deceased has three sisters namely M.Parimala (petitioner herein), late 1/4
M.Porselvi and late M.Ponnaki, and these sisters also remained unmarried till their death. The petitioner further submits that the petitioner is the only surviving Class-II legal heir of the deceased.
3. The petitioner is examined as P.W.1. She has produced the death certificates of the deceased T.M.Manivannan, M.Ponnaki, M.Porselvi and T.Mariyappan (father of the petitioner) as Exs.P1, P2, P3 and P4. The legal heirship certificate of the Late T.Mariyappan, who is the father of the deceased T.M.Manivannan as Ex.P5. A perusal of Ex.P5 shows that the petitioner and the deceased T.M.Manivannan are brothers and sister apart from Late M.Porselvi and Late M.Ponnaki and she is the only surviving Class-II legal heir of the deceased T.M.Manivannan. A paper publication has been made and any objections have not been received.
4. In view of the above said facts and 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 T.M.Manivannan. 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 2/4
(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.
25.04.2023 gba Index :Yes/No Speaking order: Yes/ No Petitioner's witness:
P.W.1 - Mrs.M.Parimala Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Computer generated death certificate of Mr.T.Manivannan Ex.P2 Computer generated death certificate of Ms.Ponnaki Ex.P3 Computer generated death certificate of Ms.Porselvi Ex.P4 Computer generated death certificate of Mr.T.Mariyappan Ex.P5 Computer generated legal heirship certificate of Mr.T.Mariyappan Ex.P6 Copy of the settlement deed dated 10.12.1999 in favour of Mr.T.M.Manivannan Ex.P7 Photocopy of the letter dated 25.11.2019 issued to me by the Tahsildar, Purasiwakkam Ex.P8 Photocopy of the petitioner's Aadhar card Ex.P9 Affidavit of assets showing the net value of the estate as Rs.20,00,000/- Ex.P10 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 08.11.2022 Ex.P11 Copy of paper publication effected in one issue of English daily "News Today" dated 15.11.2022 3/4
25.04.2023 gba K.KUMARESH BABU,J.
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