Mr.Sunil Kumar v. Bindu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025 CORAM :

THE HONOURABLE MR.JUSTICE P.DHANABAL Sunil Kumar S/o. Narendra Kumar ... Petitioner vs.

Bindu W/o. Marichelvan ... Respondent.

PRAYER: Original Petition is filed under Section 218 and 278 of the Indian Succession Act of 1925 read with Order XXV Rule 5 of the Original Side Rules praying to grant letters of Administration to the property and to close the bank account and credits of the deceased Kamlesh Kumari having effect throughout India.

For Petitioner :

Mr. D. Murugan For Respondent :

Notice served - no appearance.

ORDER

This petition has been filed under Section 218 and 278 of the Indian Page No.1 of 9

Succession Act to grant Letters of Administration to the petitioner, as the son / beneficiary of the said deceased Kamlesh Kumari having effect through out India.

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 thereafter no any objection from any party. Thereafter, the case was posted for recording evidence and the evidence also was recorded. On the side of the petitioner, PW1 was examined and Ex.P.1 to Ex.P20 were marked.

3. According to the petitioner, one Smt. Chandra Bai and Moolchand are the grand parents of the deceased Kamalesh Kumari and they had two children (1) Kamlesh Kumari, the deceased and (2) N. Shakuntala. The said Kamlesh Kumari died unmarried on 25.12.2022 in a road accident. The said Page No.2 of 9

N. Shakuntala married one Narendra Kumar Kukreja. The petitioner and the respondent are the son and daughter of the said N. Shakuntala and Narendra Kumar Kukreja. The husband of the N. Shakuntala predeceased her and the said N. Shakuntala died on 12.03.2021, leaving behind her legal heirs, the petitioner and the respondent herein. Other than the petitioner and the respondent, there are no other siblings or no other next of kin or interested parties to be impleaded.

3.1. The deceased Kamlesh Kumari had deposited amount in Canara Bank and Punjab National Bank by nominating her only sister Shakuntala as 'nominee'. The petitioner and the respondent are the direct legal heirs of the nominee. She had bank account in Bank of Baroda, Sowcarpeet, Chennai and Canara Bank, Ayanavaram, Chennai. Further she had locker in Kothari Safe Deposits, Armenians Street, George Town, Chennai. Further she had purchased the schedule mentioned property along with the petitioner vide Sale Deed No.14692/2013.

Page No.3 of 9

4. In order to prove the claim of the petitioner, PW1 was examined and Ex.P.1 to Ex.P.20 were marked on the side of the petitioner. PW1 is the petitioner herein. There is no any rival claim against the claim of the petitioner. The available evidences amply proved that the petitioner and the respondent are the legal heirs of late K. Shakuntala, who is the sister and nominee of the deceased Kamlesh Kumari. The respondent has also filed her consent affidavit to grant letter of administration in favour of the petitioner. 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 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 Page No.4 of 9

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.

08.10.2025 Index :

Yes/No Speaking Order :

Yes/No mjs APPENDIX:

List of Petitioner side Witnesses:

PW1 :

Mr. Sunil Kumar List of Petitioner side Documents:

Exhibit No.

Date Description of Documents.

Ex.P.1.

18.12.2009 Photocopy of the Death Certificate of Chandra Bai Moolchand.

Ex.P.2 - Photocopy of the Ration card of Chandra Bai.

Page No.5 of 9

Ex.P.3 25.10.2013 Photocopy of the Sale deed executed in favour of Kamlesh Kumari and N. Sunil Kumar.

Ex.P.4.

07.04.2018 Photocopy of the Punjab National Bank - Confirmation of Deposit Receipt of Kamlesh Kumari.

Ex.P.5.

24.03.2021 Photocopy of the Death Certificate of N.

Shakuntala.

Ex.P.6 02.06.2022 Photocopy of the Kothari Safe Deposits Limited Receipt in the name of Chandra Bai.

Ex.P.7 25.12.2022 Photocopy of the FIR in Cr. No.248 of 2022 of Anna Nagar Traffic Investigation Wing West.

Ex.P.8 26.12.2022 Photocopy of the Death Report of Kamlesh Kumari.

Ex.P.9 28.12.2022 Photocopy of the Death Certificate of Kamlesh Kumari..

Ex.P.10 - Photocopy of the Aadhar Card of Kamlesh Kumari.

Ex.P.11 08.02.2023 Photocopy of the Legal Heir Certficate of K. Shakuntala.

Ex.P.12 - Photocopy of the Aadhar Card.

Ex.P.13 - Photocopy of the Bank of Baroda Pass Book of Kamlesh Kumari.

Ex.P.14 - Photocopy of the Canara Bank Deposit Receipt of Kamlesh Kumari for Page No.6 of 9

Rs.50,000/- Ex.P.15 - Photocopy of the Canara bank Deposit Receipt of Kamlesh Kumari for Rs.57,642/-.

Ex.P.16 - Photocopy of the Canara Bank Deposit Receipt of Kamlesh Kumari for Rs.86,876/-.

Ex.P.17 - Aadhar Card of the petitioner.

Ex.P.18.

- Aadhar card of the respondent.

Ex.P.19 - Consent affidavit of the respondent Mrs.

Bindu.

Ex.P.20 05.06.2025 Copies of the paper publications issued in Tamil Daily 'Makkal Kural' and English Daily 'Trinity Mirror'.

08.10.2025 Page No.7 of 9

P.DHANABAL.,J mjs Page No.8 of 9

08.10.2025 Page No.9 of 9