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Madras High CourtOP/633/2024ordered

K.S.Padmanabhan v. Kartik Iyer And Another

2025-07-30Honourable Mr.Justice K.Kumaresh Babu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU K.S.Padmanabhan

...Petitioner

vs.

1.Kartik Iyer, 2.Gayatri Padmanabhan

...Respondents

PRAYER: Original Petition filed under Sections 218 and 278 of the Indian Succession Act, 39 of 1925, read with Order XXV, Rule 5 of O.S.Rules, 1956, praying that Letters of Administration to the property and the credits of the deceased to have effect throughout the Union of India may be granted to the petitioner.

For Petitioner : M/s.S.Akila For Respondents : Mr.Rishi Nandhan R.B.

ORDER

This Original Petition has been filed for issuance of Letters of Administration in respect of the properties of Mrs.Uma Padmanabhan, who died intestate on 18.03.2018, to have effect throughout the Union of India.

2. The petitioner submits that he had gotten married to the above said 1/5

deceased Late. Mrs.Uma Padmanabhan and the couple had begotten the respondents 1 and 2 as their children. The petitioner further submits that he along with his wife, the deceased herein had brought an immovable property in Pune vide an Agreement of Sale dated 26.05.2008. The petitioner contends that his wife died at Chennai within the Jurisdiction of this court on 18.03.2018 leaving behind the petitioner and the respondents 1 and 2 as the only legal heirs of the deceased. Therefore the petitioner seeks issuance of Letters of Administration to the property and the credits in respect of the deceased to have effect throughout the Union of India.

3. The petitioner has been examined as PW1 and he has produced 10 documents to support his deposition which are marked as Ex.P1 to Ex.P10 at the foot of the order. The online copy of the death certificate of the deceased has been marked as Ex.P2. The online copy of the legal heirship certificate of the deceased has been marked as Ex.P5. A perusal of Ex.P5 clearly proves that the petitioner and respondents 1 and 2 are the only legal heirs of the deceased. A general paper publication has been effected and any objections have not been received.

4. The respondents 1 and 2 have expressed their consent to grant the 2/5

Letters of Administration in favour of the petitioner and their respective consent affidavits have been filed. The learned counsel appearing on behalf of the respondents 1 and 2 has reiterated their respective consent affidavits.

5. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.

6. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioner, in respect of the property and credits of Late.Mrs.Uma Padmanabhan to have effect throughout the Union of India. 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 petitioners are 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 Petitioner's witness:

P.W.1 - Mr.K.S.Padmanabhan 3/5

Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Photocopy of the articles of Agreement for sale registered as Doc.No.3800/1/95 before SRO, Haveli dated 26.05.2008.(Original produced compared and returned) Ex.P2 Online copy of the Death certificate of Uma Padmanabhan dated 26.03.2018.

Ex.P3 Photocopy of the letter given by nyati group building relationships (nyati aaiji venture) handing over possession of property dated 04.09.2010.

Ex.P4 Photocopy of the share certificate of pune property dated 28.03.2013(Original produced compared and returned) Ex.P5 Online copy of the legal heir certificate of Uma Padmanabhan dated 09.03.2023.(Original produced compared and returned) Ex.P6 Photocopy of the aadhar of Uma Padmanabhan(Original produced compared and returned) Ex.P7 Photocopy of the aadhar card of the petitioner Padmanabhan.(Original produced compared and returned) Ex.P8 Photocopy of the aadhar card of the 1st respondent Kartik Iyer (Original produced compared and returned) Ex.P9 Photocopy of the aadhar card of the 2nd respondent Gayatri Padmanabhan.(Original produced compared and returned) Ex.P10 Printout of the property tax receipt.

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K.KUMARESH BABU, J.

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