R.Padmanabhan v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mr.R.Padmanabhan
...Petitioner
vs.
NIL
...Respondent
PRAYER: Original Petition filed under Part X and Section 218 and 278 of the Indian Succession Act 39 of 1925 read with Order XXV and Rule 5 of High Court Original Side Rules, prays that Letters of Administration to the property and credits of the deceased to have effect throughout the whole of the Tamil Nadu may be granted to him.
For Petitioner : Mr.P.M.Bakthavatsalam
ORDER
This Original Petition has been filed for issuance of Letters of Administration in respect of the properties of Late.Mrs.T.Divya, who died intestate on 28.07.2021. The petitioner is the husband of the deceased and the deceased has no other surviving legal heirs except the petitioner. The petitioner seeks issuance of Letters of Administration in respect of the 1/5
properties mentioned in the petition, which is situated within the jurisdiction of this court.
2. The petitioner has been examined as PW1. He has produced the computer generated death certificate of the deceased as Ex.P3. The legal heirship certificate of the deceased Late.Mrs.T.Divya has been marked as Ex.P4. On perusal of the Ex.P4, it clearly shows that the petitioner is the only surviving legal heir of the deceased. The photocopy of the Aadhar card of the petitioner compared with the original and affidavit of assets has been marked as Ex.P1 and Ex.P7. The general paper publications have been made which are marked as Ex.P8 and Ex.P9 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.
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.Mrs.T.Divya. The petitioner is directed to execute a security bond for a sum of Rs.25,000/- 2/5
(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 - Mr.R.Padmanabhan P.W.2 - Mr.A.S.Dinesh Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Photocopy of my Aadhaar Card (Compared with the original) Ex.P2 Photocopy of my marriage invitation card (Compared with the original) Ex.P3 Computer generated death certificate of Mrs.T.Divya. Ex.P4 Computer generated legal heir ship certificate of Mrs.T.Divya.
Ex.P5 Photocopy of the valuation report of jewellery as on 04.09.2021 (witness states that the original is in the State Bank of India. This document is marked subject to its admissibility, proof and relevancy) Ex.P6 E-mail communication dated 15.05.2023 sent by me to SBI, Besant Nagar Branch.
Ex.P7 Affidavit of Assets showing the net value of the Estate as 3/5
Rs.17,30,373/-.
Ex.P8 Copy of the paper publication effected in one issue of English Daily "Trinity Mirror" dated 06.06.2024. Ex.P9 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 14.06.2024.
Ex.P10 Certificate under Section 65 B of the Indian Evidence Act, 1872.
Ex.P11 Photocopies of Aadhar card and Identity card (Compared with the original) Ex.P12 Original valuation report of the jewellery as on 04.09.2021 standing in the name of Mrs.T.Divya.
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K.KUMARESH BABU, J.
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