Puthiya Kottal Mohammed Abdullah And Another v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA O.P.No. 96 of 2023

1. Puthiya Kottal Mohammed Abdullah

2. Puthiya Kottal Zeenath Afroz Rahim Represented by Power Agent Abdullah C C O P ...

Petitioners Original Petition is filed under Section 218 & 278 of the Indian Succession Act, 1925 (Act XXXIX of 1925) read with Order XXV, Rule-5 of Original Side Rules, 1956 to grant Letters of Administration to the property and credits of the deceased to have effect throughout the State of Tamil Nadu to the petitioners.

For Petitioner : Ms.J.Sree Vidya

ORDER

This Original Petition has been filed under Section 218 & 278 of the Indian Succession Act, 1925 (Act XXXIX of 1925) and under Order XXV, Rule-5 of Original Side Rules seeking to grant Letters of Administration to the property and credits of the deceased to have effect throughout the State of Tamil Nadu to the petitioners.

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2. The averments in the petition are as follows:- The petition mentioned securities, bank balance and properties were originally belonged to one Nasser Abdullah. The said Nasser Abdullah died as a bachelor on 20.11.2020 and hence he did not have any issues of his own. The parents of Nasser Abdullah predeceased him. The petitioners who are the brother and sister of Nasser Abdullah, as Class - II legal heirs are entitled to inherit the petition mentioned property. Hence they have filed this petition seeking Letters of Administration.

3. Both the petitioners have executed Power of Attorney in favour of the son of the first petitioner. The power agent was examined as P.W.1 and Ex.P1 to P23 were marked.

4. Ex.P1-death certificate would show that Nasser Abdullah died on 20.11.2020. The original Power of Attorney dated 07.02.2022 executed by the first and second petitioners are marked as Exs.P4 & P5 respectively. Exs. P7 and P8 are the death certificates of parents of Nasser Abdullah.

5. Paper publication issued in one issue of Tamil daily "Makkal Kural" on 15.06.2023 and in one issue of English daily "Trinity Mirror" on 2/6

23.06.2023 did not attract any objectors.

6. Since Nasser Abdullah died intestate by leaving behind the petitioners as his only legal heirs and the petitioners have proved their claim with all relevant documents, there is no difficulty in granting Letters of Administration as requested by the petitioners.

7. Hence, this Original Petition is allowed by granting Letters of Administration to the petitioners who are represented through their Power Agent, in respect of the petition mentioned properties and assets. The Letters of Administration shall have effect throughout the State of Tamil Nadu. 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.

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APPENDIX Petitioner's witness:

P.W.1 -Abdullah Documents marked:

Exhibits Documents P1 Death certificate of Naseer Abdullah P2 Aadhaar Card of Naseer Abdullah P3 PAN card of Naseer Abdullah P4 Original Power of Attorney dated 07.02.2022 executed by first petitioner P5 Original Power of Attorney dated 23.02.2022 executed by second petitioner P6 Relationship certificate dated 18.03.2021 issued by the Tahsildar, Mylapore Taluk.

P7 Death certificate of T.T.P.Abdullah P8 Death certificate of P.K.Nafeesa Abdullah P9 Online print out statement as on 06.11.2021 in respect of Demat Account of Naseer Abdullah P10 Letter issued by IndBank Merchant Banking Services Limited dated 06.12.2021 P11 Letter dated 25.10.2021 issued by MRF Limited addressed to the first petitioner.

P12 Photocopy of share certificate held by Naseer Abdullah P13 Photocopy of the letter dated 19.03.2022 issued by HDFC Bank P14 Photocopy of the letter dated 27.05.2022 issued by State Bank of India P15 Photocopy of the letter issued by Indian Bank P16 Photocopy of the letter dated 13.06.2022 issued by Canara Bank, Gopalapuram Branch P17 Photocopy of the letter dated 20.02.2023 issued by State Bank of India, Gopalapuram Branch P18 Photocopy of the letter dated 13.06.2022 issued by State Bank of India, Anna Salai Branch P19 Affidavit of assets 4/6

Exhibits Documents P20 Paper publication dated 15.06.2023 P21 Paper publication dated 23.06.2023 P22 Copy of the sale deed dated 26.02.1979 P23 Copy of the sale deed dated 02.09.1996 5/6

R.N.MANJULA, J.

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