Ananth Nagarajan v. Padmini Nagarajan And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Ananth Nagarajan ... Petitioner Vs 1.Padmini Nagarajan 2.Kalpana 3.Lalitha Venkatachalam ... Respondents PRAYER: Original Petition filed for Letters of Administration under Sections 218 and 278 of Indian Succession Act 1925 under Order XXV Rule 5 of Original Side Rules, 1956 for grant of Letters of Administration in respect of the property and credits of the deceased to have effect limited to the State of Tamilnadu to the petitioner.
For Petitioner : Mr.K.M.C.Arunmokan For Respondents : No Appearance
ORDER
This Original Petition has been filed for issuance of Letters of Administration in respect of the property estate, effects and credits of the deceased T.A.Nagarajan as the petitioner is his Class-I Legal heir. 1/5
2. The petitioner is the son of the deceased and the first respondent is the wife and second and third respondent are the daughters of the deceased. The petitioner and respondents are the surviving legal heirs of the deceased, as the deceased expired intestate on 22.03.2023. The petitioner seeks issuance of a Letter of Administration in respect of the properties situated within the jurisdiction of this Court. The respondents were given a consent affidavit dated 26.07.2024 in favour of the petitioner to grant letters of administration to administer the schedule mentioned property. The respondents inspite of service of notice have remained absent and kept themselves away from this proceedings.
3. The petitioner has been examined as PW1. He has produced the death certificate of the deceased T.A.Nagarajan, which is marked as Ex.P3. The legal heir ship certificate of deceased T.A.Nagarajan is marked as Ex.P4. A perusal of ExP4 shows that the petitioner and respondents are the only surviving legal heir of the deceased T.A.Nagarajan. A paper publication has been made and any objections have not been received.
4. In view of the above, this Original Petition is ordered and Letters 2/5
of Administration is granted in favour of the Petitioner, in respect of property of the deceased T.A.Nagarajan mentioned in the schedule of the property. The petitioners are 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 Speaking: Yes/ No Petitioner's witness:
P.W.1 -Mr.Ananth Nagarajan 3/5
Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the promoters agreement dated 01.02.1995 executed between M/s.Lokesh Constructions and Mr.T.A.Nagarajan (Compared with the original) Ex.P2 Photocopy of the sale deed dated 25.05.1995 executed in favour of Mr.T.A.Nagarajan (Compared with the original) Ex.P3 Computer generated death certificate of Mr.T.A.Nagarajan Ex.P4 Computer generated legal heir ship certificate of Mr.T.A.Nagarajan.
Ex.P5 Online printout of property tax receipt, dated 09.04.2023, standing in the name of Mr.T.A.Nagarajan Ex.P6 Online printout of water tax charges receipt dated 12.04.2023 standing in the name of Mr.T.A.Nagarajan Ex.P7 Online printout of EB receipt dated 07.12.2022 standing in the name of Mr.T.A.Nagarajan Ex.P8 Affidavit of assets showing the net value of the estate as Rs.59,80,000/- Ex.P9 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 17.11.2024.
Ex.P10 Copy of the paper publication effected in one issue of English Daily "Trinity Mirror", dated 24.11.2024.
Ex.P11 Certificate under Section 65B of the Indian Evidence Act, 1872.
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K.KUMARESH BABU,J.
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