S.Pankajam v. R.Aravind Raja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU S.Pankajam ... Petitioner Vs R.Aravind Raja ... Respondent PRAYER: Original Petition filed for issuance of Letters of Administration under Section 232 & 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.

For Petitioner : Mr.N.Deivasigamani For Respondent : No appearance

ORDER

This Original Petition has been filed for issuance of Letters of Administration in respect of the property and credits held by S.Rajagopalan, who died intestate on 20.01.2020. The petitioner is the wife and the respondent is the son of the deceased S.Rajagopalan. The petitioner seeks issuance of Letters of Administration in respect of the property and credits situate within the jurisdiction of this Court. 1/4

2. The petitioner is examined as P.W.1. She has produced the death certificate of the deceased S.Rajagopalan, as Ex.P1, and the legal heirship certificate of the deceased S.Rajagopalan, as Ex.P2. A perusal of Ex.P2 shows that the petitioner and respondent are the only Class-I legal heirs of the deceased S.Rajagopalan. The respondent has given his consent to grant Letters of Administration in favour of the petitioner, and his consent affidavit is marked, as Ex.P6. A paper publication has been made and any objections have not been received.

3. In view of the above said 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 S.Rajagopalan. 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 (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.

Index :Yes/No Speaking order: Yes/ No 2/4

Petitioner's witness:

P.W.1 - Mrs.S.Pankajam Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.S.Rajagopalan Ex.P2 Computer generated legal heirship certificate of Mr.S.Rajagopalan Ex.P3 Photocopy of the sale deed dated 29.02.1988 executed in favour of Mr.S.Rajagopalan Ex.P4 Photocopy of the sale deed dated 14.09.1999 executed in favour of Mr.S.Rajagopalan Ex.P5 Affidavit of assets showing the net value of estate as Rs.24,80,000/- Ex.P6 Consent affidavit give by the respondent Ex.P7 Copy of paper publication effected in one issue of English daily "Trinity Mirror" dated 20.09.2022 Ex.P8 Copy of paper publication effected in one issue of Tamil dialy "Makkal Kural" dated 28.09.2022.

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K.KUMARESH BABU,J.

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