Kiran Devi Damani v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Smt.Kiran Devi Damani
...Petitioner
PRAYER: Original Petition filed under Section 218, 220 and 278 of the Indian Succession Act, XXXIX of 1925 and read with Order XXV, Rule 5 of the Original Side Rules for grant of the Letters of Administration with respect of the Estate of Shri.Siddarth Damani, prays that this Hon'ble Court may be pleased to grant Letters of Administration in respect of the assets, properties and credits of the deceased late Shri.Siddarth Damani having effect throughout the whole of the State of Tamil Nadu herein and pass such further and / or other order (s) that this Hon'ble Court deems fit and proper in the circumstances of this case.
For Petitioner : Mr.S.Raghunathan
ORDER
This Original Petition has been filed for issuance of Letters of Administration in respect of the properties of late.Mr.Siddarth Damani , who died intestate on 01.11.2015. The petitioner is the mother of the deceased 1/5
who was a bachelor, the father of the deceased had predeceased him on 12.05.2002, therefore the deceased has no other legal heirs except the petitioner. The petitioner seeks issuance of Letters of Administration in respect of the properties mentioned in the petition, which is situated within the jurisdiction of this court.
2. The petitioner has been examined as PW1. She has produced the photocopy of the death certificates of the deceased and his predeceased father compared with the originals as Ex.P1 and Ex.P2 respectively. The legal heirship certificate of the deceased and late.Mr.Krishan Kumar Damani who is father of the deceased, compared with the original as Ex.P4 and Ex.P3 respectively. On perusal of the Ex.P4, it clearly shows that the petitioner is the only surviving legal heir of the deceased. A paper publication has been made and any objections have not been received.
3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.
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4. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioner, in respect of the properties mentioned in the petition of the late.Mr.Siddarth Damani. The petitioner is 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 petitioner is further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively. Index:Yes/No Petitioner's witness:
P.W.1 - Mrs.Kiran Devi Damani Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the Death Certificate of Siddarth Damani dated 10.05.2024.
Ex.P2 Photocopy of the Death Certificate of Krishnan Kumar Damani dated 10.05.2024.
Ex.P3 Legalheir Certificate of Krishan Kumar Damani dated 3/5
17.07.2002.
Ex.P4 Legalheir Certificate of Siddarth Damani dated 01.03.2016. Ex.P5 Photocopy of the Sale Deed dated 27.09.1984 registered as Doc.No.3335 of 1984 (Compared with original) Ex.P6 Photocopy of the Sale Deed dated 25.10.1989 registered as Doc.No.8646 of 1989 (Compared with original) Ex.P7 Photocopy of the Sale Deed dated 13.08.1993 registered as Doc.No.2211 of 1993 (Compared with original) Ex.P8 Photocopy of the TSLR Extract dated 24.10.2018 for T.S.No.74, 74/1 and 74/2 situated in Ambattur Taluk. Ex.P9 Photocopy of the TSLR Extract dated 02.08.2016 for T.S.No.43 situated in Aminjikarai Taluk.
Ex.P10 Photocopy of the TSLR Extract of the Patta No.953 for Survey No.364/4 situated in Tiruporur Taluk dated 18.01.2016.
Ex.P11 Photocopy of the Passbook of Late Siddarth Damani in PPF Account No.10457484678 issued by State Bank of India, Annasalai Branch dated 20.03.2009. (Compared with original) K.KUMARESH BABU, J.
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