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Madras High CourtOP/816/2022ordered

A.Ashok Kumar v. Ladbai And 4 Others

2023-11-23Honourable Mr Justice N. Sathish Kumar4 pages

N.SATHISH KUMAR, J.

This Original 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 Letters of Administration in respect of the estate of the deceased Amar Chand Gulechha.

2.The petitioner and the respondents 2 to 5 are the children of the deceased Amar Chand Gulechha and first the respondent is the wife of the deceased. The deceased Amar Chand Gulechha died on 03.01.2019. The deceased died intestate and though due and diligent search has been made for a Will, nothing has been found. Hence, the petitioner has filed this Original Petition seeking to grant Letters of Administration in his favour. 3.On the side of the petitioner, petitioner examined himself as P.W.1 and marked Exs.P.1 to Ex.P.15.

4.The petitioner - P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioner has filed this petition for grant of Letters of Administration in his favour in respect of the estate of the deceased Amar Chand Gulechha. Ex.P.1 is the computer generated statement of account bearing PPF Account No.51024376171 in respect of the deceased. Exs-P.2 to P.5 are filed to prove the assets held by the deceased; Ex-P.6 is filed to prove the title of the property; Ex-P.7 is the death certificate of the deceased; Ex-P.8 is the legal heir certificate of the deceased. All the respondents have given their consent affidavits. 5.In view of the above facts, I am of the view that the petitioner has proved his claim and hence, the petitioner is entitled for the issuance of Letters of Administration in his favour.

6.Accordingly, this petition is allowed. Issue Letters of Administration in favour of the petitioner. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The 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 petitioner is further directed to render true and correct accounts once in a year. 23.11.2023 TK

N.SATHISH KUMAR, J.

TK 23.11.2023