Munnoor Shrinivas Bhat And 6 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Munnoor Shrinivas Bhat 2.Anitha Ananth Hebbar 3.V.Swarna Bindu 4.Susheela Y.Rao 5.V.Padmanaba Bhat 6.V.Vishweshwara Bhat 7.Balakrishna Bhat
...Petitioners
PRAYER: Original Petition filed under Section 218 & 278 of the Indian Succession Act, 1925 read with Order XXV Rule 5 of O.S.Rules, prays that Letters of Administration may be granted to 5th petitioner to the property and credits of the said deceased to have effect throughout the State of Tamil Nadu.
For Petitioner : Mr.K.Murugesan 1/5
ORDER
This Original Petition has been filed for issuance of Letters of Administration in respect of the properties of Late.V.Prasanna Bhat, who died intestate on 25.12.2020 as bachelor. The petitioners are the siblings of the deceased. The parents of the deceased predeceased him. The petitioners seek 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 fifth petitioner has been examined as PW1. He has produced the computer generated death certificate of the deceased as Ex.P12. The photocopy of the Aadhar card of the petitioners as Ex.P1, Ex.P3 to Ex.P8. On perusal of the Ex.P1, Ex.P3 to Ex.P8 and Ex.P12, it clearly shows that the father of the petitioners and the deceased are one and the same. From this, it is inferred that the petitioners and the deceased are the siblings. 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 petitioners 2/5
are 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 fifth petitioner, in respect of the properties mentioned in the petition of the Late.V.Prasanna Bhat. The fifth 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 fifth 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.V.P.Padmanaba Bhat Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of my Aadhaar Card (Compared with the original) Ex.P2 Photocopy of the sale deed dated 21.08.2020 executed in 3/5
Exhibits Documents favour of Dr.V.Prasanna Bhat and Mr.V.Padmanaba Bhat (Compared with the original) Ex.P3 Photocopy of the Aadhaar card of first petitioner (Compared with the original) Ex.P4 Photocopy of the Aadhaar Card of second petitioner (Compared with the original) Ex.P5 Photocopy of the Aadhaar Card of third petitioner (Compared with the original) Ex.P6 Photocopy of the Aadhaar Card of fourth petitioner (Compared with the original) Ex.P7 Photocopy of the Aadhaar Card of sixth petitioner (Compared with the original) Ex.P8 Photocopy of the Aadhaar Card of seventh petitioner (Compared with the original) Ex.P9 Affidavit of assets showing the net value of the estate as Rs.7,03,712/- Ex.P10 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 30.07.2024.
Ex.P11 Copy of the paper publication effected in one issue of English daily "Southern Mail" dated 08.08.2024.
Ex.P12 Computer generated death certificate of Dr.V.Prasanna Bhat. Ex.P13 Certificate under Section 65 B of the Indian Evidence Act, 1872.
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K.KUMARESH BABU, J.
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