P. Krishna Raj v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL P. Krishna Raj S/o. Late P.Giriraj, Rep. through his Power Agent P.Sunitha Wife of P.Krishna Raj.

..Petitioner(s) Vs No Respondent Nil ..Respondent(s) PRAYER: The Original Petition has been filed under Section 218 and 278 of the Indian Succession Act read with Order XXV Rule 5 of the Original Side Rules to grant Letters of Administration of property and credits of the deceased in favour of the petitioner to have effect throughout the whole of the State of Tamil Nadu.

For Petitioner(s):

M/s.R.T.Vijayaraaghavan

ORDER

This petition has been filed under Section 218 and 276 of the Indian

Succession Act to grant Letters of Administration to the petitioner to the estates and credits of the deceased having effect limited to the State of Tamil Nadu.

2. After filing of this petition, this Court directed the petitioner to effect paper publication in any one of the issue of Tamil Daily and also in English daily and the paper publication was also effected and there is no any objection from any party. Thereafter, the case was posted for recording evidence and the evidence was also recorded. On the side of the petitioners, PW1 was examined and Ex.P.1 to Ex.P22 were marked.

3. According to the petitioner, the schedule mentioned property originally belongs to one Mr. P. Chakarapani Naidu and he died intestate on 11.07.1951 leaving behind the persons namely (i) P. Purushotham Naidu, (ii) P. Raghupathy Naidu and (iii) Madanagopal Naidu as his Class-I Legal heirs. Thereafter, the said Mr. P. Purushotham Naidu and his sons namely Ethiraj and Prithivraj and Mr. P. Raghupathy Naidu and his sons namely Deepak and Dwaraka have released their respective shares in Item No.1 of the schedule property in favour of the persons namely P. Lalammah W/o. P. Madanagopal Naidu, P. Giriraj S/o. P. Madanagopal Naidu, P. Varadaraj S/o. P. Madanagopal Naidu and Leelavathy Raghupathy D/o. P. Madanagopal Naidu and they had acquired the property bearing Door No.19A, Kellys Road, Kilpauk, Chennai being part of O.S. No.38 /8 and part of R.S. No.3133 to an extent of 1800 sq. ft. by way of

released deed vide Doc. No.840/1980, SRO, Purasaiwalkam with condition that they should pay a sum of Rs.10,000/- to the releasers 4 to 6. The condition was duly complied with.

3.1. Mr. P. Giriraj is the father of the petitioner and Mr. P. Varadaraj is the petitioner's father's brother. They are the absolute owners of above said property to an extent of 1800 sq. ft. The said P. Giriraj died on 25.11.2011 and during his lifetime, he had executed a Settlement Deed dated 28.08.2001 with respect to his 50% share in favour of the petitioner. The said P. Varadaraj died on 19.01.2022. All the items in Item - II, which are all particularly in the name Mr. P. Varadaraj, have been mutated to his wife Mrs. P. Meera. The said Mrs. P. Meera died on 31.05.2025. The parents of the said Mr. P. Varadaraj and Mrs. P. Meera predeceased them. Further, both Mr. P. Varadaraj and P. Meera died issueless. They both left behind immovable Item-I property and movable ItemII properties viz.

, Fixed deposit, Cash in SB Account deposited in Union Bank of India, Kilpauk Branch and Fixed and recurring deposits in Kotak Mahindra Bank, Kilpauk Branch. Both the deceased P. Varadaraj and P. Meera died leaving behind the petitioner as their only Class-II Legal Heir. After the demise of the deceased Mr. P. Varadaraj and P. Meera, the petitioner inherited their schedule properties by succession as deceased Mr. P. Varadaraj's brother's son and Mrs. P. Meera's husband's own brother's only son as Class-II legal heir. Therefore, the name of the petitioner has to be mutated in the revenue records.

The amount of assets which are likely to come into the hands of the petitioner is approximately Rs.82,17,886.27. There is no other next of kin to the deceased. Both the deceased P. Varadaraj and P. Meera died intestate and despite due and diligent search made, no Will was found.

4. The Power Agent of the petitioner herein, was examined as PW1 and Ex.P.1 to Ex.P.22 were marked. She has deposed that she is the Power Agent of the petitioner herein and reiterated the petition averments. A perusal of evidences of PW1 and Ex.P.1 to Ex.P.22 revealed that the petitioner is the legal heir of the deceased P. Varadaraj and P. Meera and they had possessed movable and immovable properties during their life time and no any objection has been raised by any other party to grant letter of administration to the petitioner to succeed the estate of the deceased. Therefore, the petitioner, through the evidences and documents, has amply proved her case. Therefore, the petitioner is entitled to the relief as prayed for in the petition.

5. Therefore, this Original Petition is allowed and Letter of Administration, to the estates and credits of the deceased Mr. P. Varadaraj and Mrs. P. Meera in favour of the petitioner, is granted.

6. 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.

16-02-2026 Index: Yes/No Speaking/Non-speaking order MJS APPENDIX:

List of Petitioner side Witnesses:

PW1 :

Mrs. P. Sunitha List of Petitioner side Documents:

Exhibit No.

Date Description of Documents.

Ex.P.1.

17.06.2025 Original Power of Attorney.

Ex.P.2 08.02.1980 Photocopy of the Release Deed.

Ex.P.3 10.06.1981 Photocopy of the Released Deed.

Ex.P.4.

- Photocopy of the Death Certificate of Mrs.

P. Lalamma.

Ex.P.5 - Photocopy of the Legal Heirship Certificate of Mrs. P. Lalamma.

Ex.P.6 28.08.2001 Photocopy of the Settlement Deed.

Ex.P.7 - Computer generated Death Certificate of Mr. P. Giri Raj.

Ex.P.8 - Photocopy of the Legal Heir Certificate of Mr. P. Giri Raj.

Ex.P.9 - Computer generated Death Certificate of Mrs. Leelavathy.

Ex.P.10 - Computer generated Death Certificate of Mr. P. Varadaraj.

Ex.P.11 - Computer generated Legal Heirship Certificate of Mr. P.Varadaraj.

Ex.P.12 - Computer generated Death Certificate of Mrs. P.Meera.

Ex.P.13 - Photocopy of the Bank Passbook of Mrs.

Meera.P.

bearing A/c.

No.520101231978398 issued by Union Bank of India.

Ex.P.14 20.02.2016 Photocopy of the Term Deposit issued by Corporation Bank standing in the name of Mrs. Meera.P.

Ex.P.15 - Photocopy of the Bank Passbook of Mrs. P.

Meera bearing A/c No.7046225022 issued by Kotak Mahindra Bank.

Ex.P.16 - Downloaded copy of the Fixed Recurring Deposits.

Ex.P.17 - Photocopy of the Aadhar Card of Mr. P.

Krishna Raj.

Ex.P.18 - Photocopy of the Aadhar Card of Mrs. P.

Sunitha.

Ex.P.19 - Affidavit of Assets showing the net value of the estate for a sum of Rs.82,17,886.27.

Ex.P.20 19.12.2025 Copy of the paper publication effected in one issue of Tamil daily "Makkal Kural".

Ex.P.21 27.12.2025 Copy of the paper publication effected in one issue of English Daily "Trinity Mirror".

Ex.P.22 - Certificate under Section 63(4)(c) of B.S.A.

for electronic documents.

16.02.2026

P.DHANABAL, J.

MJS 16-02-2026