B.Ashok And Another v. No Respondent
O.P. No.146 of 2023 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 in respect of the goods of the deceased B.K.Ramesh Aanand [formerly known as B.Ramesh].
2. This petition has been filed for grant of Letters Administration in respect of the goods of the deceased B.K.Ramesh Aanand [formerly known as B.Ramesh]. The first petitioner is the elder brother of the deceased B.K.Ramesh Aanand [formerly known as B.Ramesh] and the second petitioner is the younger brother of the deceased B.K.Ramesh Aanand [formerly known as B.Ramesh]. The deceased has no other relations, since he was unmarried. The deceased B.K.Ramesh Aanand [formerly known as B.Ramesh] died on 22.06.2021. The parents of the deceased predeceased 1/6
him. The petitioners are the Class-II legal heir of the deceased and there is no other legal heirs to be impleaded in this petition. The deceased died intestate and though due and diligent search has been made for a Will, nothing has been found. The amount of assets which is likely to come to the petitioner's hands does not exceed in the aggregate sum of Rs.2,02,46,249.68 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.2,02,46,249.68/-. The first petitioner undertakes to duly administer the property and credits of the deceased B.K.Ramesh Aanand [formerly known as B.Ramesh] 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 first petitioner 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 and Ex.P.1 to Ex.P.13 marked.
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4. P.W.1 in his 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 first petitioner in respect of the goods of the deceased B.K.Ramesh Aanand [formerly known as B.Ramesh] Ex.P.2 is the copy of the death certificate of B.K.Ramesh Aanand [formerly known as B.Ramesh]. Ex.P.1 has been filed to prove that the deceased B.K.Ramesh Aanand [formerly known as B.Ramesh] died on 22.06.2021. Ex.P.3 and Ex.P.5 to Ex.P.10 have been filed to prove the movable and immovable properties in the name of the deceased B.K.Ramesh Aanand [formerly known as B.Ramesh] Ex.P.11 is the affidavit of assets showing the net value of the goods as Rs.2,02,46,249.68. Ex.P.12 and Ex.P.13 are paper publications, but none have objected for the same.
5. In view of the above facts, I am of the view that the petitioners have proved their claim and hence, the first petitioner is entitled for the issuance of Letters of Administration in his favour. 3/6
6. Accordingly, this petition is allowed. Issue Letters of Administration in favour of the first petitioner. The first petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The first petitioner is 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 first petitioner is further directed to render true and correct accounts once in a year.
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N.SATHISH KUMAR, J.
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