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Madras High CourtOP/97/2024allowed

R.Pusphavalli And 5 Others v. No Respondent

2024-06-25Honourable Mr Justice C.V. Karthikeyan3 pages

O.P.No.97 of 2024 C.V.KARTHIKEYAN,J.

This Original Petition has been filed taking advantage of Sections 218 and 278 of the Indian Succession Act, 1925 along with relevant Rules of the Original Side of Madras High Court seeking grant of Letters of Administration with respect to the properties and goods of Mr.K.Ramakrishnan, who died intestate on 13.04.2017. The petitioners herein are the legal heirs. The properties and goods, which the deceased had left back are mentioned the schedule to the petition. Section 212 of the Indian Succession Act, 1985 provides that no right can be claimed with respect to the property of any deceased who died intestate, unless Letters of Administration had been sought and granted by a competent Court. It is for that reason that the petitioners has filed this Original Petition. 2.

After following due procedure, the petitioners, were directed to tender evidence and accordingly, the 5th petitioner examined himself as PW-1. During evidence, he marked the death certificate of his father Mr.K.Ramakrishnan, as Ex.P1. The legal heirship certificate of his father was marked as Ex.P2.

Ex.P3. The affidavit of assets showing the net value of the estate was marked as Ex.P4. The other petitioners have not raised any objections. 3.Taking into consideration the nature of evidence recorded and the documents produced, this Original Petition stands allowed. The Registry to issue Letters of Administration to the 5th petitioner in accordance with the rules.

4.With the above observations, this Original Petition stands allowed. The 5th petitioner is directed to duly administer the properties and goods of the deceased more fully described in the schedule. The 5th petitioner is directed to execute a 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 5th petitioner is further directed to render true and correct accounts once in a year.

25.06.2024 smv

C.V.KARTHIKEYAN,J.

smv O.P.No.97 of 2024 25.06.2024