Madras High CourtOP/751/2023allowed

A.Sri Raman And 4 Others v. M.Bagyam And 4 Others

2024-04-30Honourable Mr Justice C.V. Karthikeyan4 pages

O.P.No.751 of 2023 C.V.KARTHIKEYAN, J.

This Original Petition has been filed seeking Letters of Administration with respect to the estate of A.Srinivasan, the brother of the petitioners, who died intestate on 04.10.2010. Subsequently, the estate/property devolved on his wife S.Vijayalakshmi. They had no children. Mrs.S.Vijayalakshmi died on 22.05.2021 again intestate. The petitioners herein are the brothers and sisters of A.Srinivasan. The property had devolved on to the petitioners.

2. But, the learned counsel for the petitioner stated that they had also offered to the respondents the opportunity to seek Letters of Administration. As no steps were taken, the petitioners have filed the present petition. Notice had been directed to the respondents and served. They have taken a conscious decision not to appear before the Court. This Court had directed the learned Master to record evidence. 1/4

3. Accordingly, the first petitioner Mr.A.Sri Raman had examined himself as P.W.1 and marked Ex.P2 - copy of the sale deed dated 28.03.2002 with respect to the property in favour of Mr.A.Srinivasan and Mrs.S.Vijayalakshmi. The death certificate of Mr.A.Srinivasan was marked as Ex.P3 and the legal heirship certificate of Mr.A.Srinivasan was marked as Ex.P4. The death certificate of the parents of Mr.A.Srinivasan were marked as Ex.P5 and Ex.P6.

4. Taking the nature of evidence recorded and all other surrounding factors, this Petition stands allowed. The Letters of Administration is granted to the first petitioner in accordance with Rules. The first petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The first petitioner is directed to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of the Assistant 2/4

Registrar (O.S.II) High Court, Madras. The first petitioner is further directed to render true and correct accounts once in a year. 30.04.2024 jas 3/4

C.V.KARTHIKEYAN,J.

jas O.P.No.751 of 2023 30.04.2024 4/4