V.Dilipraj And Another v. No Respondent
O.P. No.480 of 2023 N.SATHISH KUMAR, J.
This Petition has been filed under Sections 218 and 278 of the Indian Succession Act read with Order XXV Rule 5 of the Original Side Rules, seeking to grant of Letters of Administration in respect of the estate of the deceased CH.N.Venugopal .
2. This petition has been filed for grant of Letters Administration in respect of the estate of the deceased CH.N.Venugopal. The petitioners are the son and daughter of the deceased CH.N.Venugopal. The deceased CH.N.Venugopal died on 24.07.2022. The parents and the wife of the deceased predeceased him. The petitioners the legal heirs of the deceased CH.N.Venugopal. There is no other legal heir to be impleaded in this petition. The deceased died intestate and though due and diligent search has been made for a Will, nothing has been found. The amount of assets which is likely to come to the petitioners hands does not exceed in the aggregate 1/5
sum of Rs.1,00,000/-/- and the net amount of the said assets after deducting all the items, which the petitioners are by law allowed to deduct is only of the value of Rs.90,000/-/-. The first petitioner undertakes to duly administer the property and credits of the deceased CH.N.Venugopal and to make a full and true inventory thereof and exhibit the same to the Court within six months from the date of grant of Letters of Administration to the first petitioner and also render a true account of the said property and credits within one year from the said date.
3. The first petitioner has been examined as P.W.1 and Ex.P.1 to Ex.P.10 marked.
4. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Letters of Administration in his favour in respect of the estate of the deceased CH.N.Venugopal. Ex.P.1 is the computer generated death certificate of CH.N.Venugopal. Ex.P.1 has been filed to show that 2/5
CH.N.Venugopal died on 24.07.2022. Ex.P.2 is computer generated death certificate of the mother of the petitioners. Ex.P.2 shows that the mother of the petitioners died on 18.07.2011. Ex.P.3 is the computer generated legal heir certificate of the deceased CH.N.Venugopal. Ex.P.3 shows that the petitioners are the legal heirs of the deceased CH.N.Venugopal. Ex.P.4 is the letter sent by the Bank to the first petitioner seeking Letters of Administration. Ex.P.5 is the affidavit of assets showing the net value of the estate as Rs.90,000/-. Ex.P.9 and Ex.P.10 are the paper publications, but none have objected for the same.
5. In view of the above facts, I am of the view that the petitioners have proved their claim and hence, the first petitioner is entitled for the issuance of Letters of Administration in his favour.
6. Accordingly, this petition is allowed. Issue Letters of Administration in favour of the first petitioner. The first petitioner is directed to duly administer the properties and credits of the deceased more 3/5
fully described in the schedule. The first 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 first petitioner is further directed to render true and correct accounts once in a year.
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N.SATHISH KUMAR, J.
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