Meera Nagarajan And 2 Others v. Chitra Prakash

O.P. No.737 of 2022 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.

2. This petition has been filed for grant of Letters Administration in respect of the estate of one Mrs.Chandra Rajgopal. The petitioners are the deceased husband sisters. The respondent is one of the sister. The deceased Mrs.Chandra Rajgopal died on 04.08.2020 had no issues and her husband Mr.Rajgopal predeceased her. The petitioners are the Class-II legal heirs of the deceased. The deceased died intestate and did not leave any class one legal heirs except the petitioners being the class-II legal heirs. There is no other kith or kin available than the petitioners. The amount of assets which is likely to come to the petitioners' hands does not exceed in the aggregate sum of Rs.40,00,000/- 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.39,80,000/-. The petitioners undertake to duly administer the

property and credits of the deceased Mrs.Chandra Rajgopal 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 petitioners without the will and also render a true account of the said property and credits within one year from the said date.

3. The second petitioner has been examined as P.W.1. P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Letters of Administration in favour of the petitioners in respect of the estate of the deceased Mrs.Chandra Rajgopal. Ex.P.3 is the photocopy of the death certificate of R.Rajagopal dated 10.06.2008. Ex.P.3 has been filed to prove that the husband of the deceased predeceased her. Ex.P.4 is the certified copy of the sale deed executed by the deceased Mrs.Chandra Rajagopal and others dated 20.10.2010. Ex.P.5 is the original property tax assessment in the name of deceased Mrs.Chandra Rajagopal dated 22.03.2011. Ex.P.6 is the computer generated copy of the death certificate of deceased dated 05.08.2020.

4. In view of the above facts, I am of the view that the petitioners

have proved their claim and hence, the petitioners are entitled for the issuance of Letters of Administration in their favour.

5. Accordingly, this petition is allowed. Issue Letters of Administration in favour of the petitioners. The petitioners are directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioners are 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 petitioners are further directed to render true and correct accounts once in a year.

31.10.2023 dhk

N.SATHISH KUMAR, J.

dhk O.P. No.737 of 2022 31.10.2023