K.R.Murali v. No Respondent

O.P. No.376 of 2023 N.SATHISH KUMAR, J.

This Petition has been filed under Sections 218 and 278 of the Indian Succession Act read with Order XXV Rule 5 of the Original Side Rules, seeking to grant of Letters of Administration in respect of the estate of the deceased C.S.Vasan .

2. This petition has been filed for grant of Letters Administration in respect of the estate of the deceased C.S.Vasan. The petitioner is the sister's son of the deceased C.S.Vasan. The deceased C.S.Vasan died on 01.02.2022 and he was unmarried. The petitioner is the only Class II legal heir of the deceased C.S.Vasan. There is no other legal heir to be impleaded in this petition. The deceased died intestate and though due and diligent search has been made for a Will, nothing has been found. The amount of assets which is likely to come to the petitioner's hands does not exceed in 1/5

the aggregate sum of Rs.1,00,00,000/-/- and the net amount of the said assets after deducting all the items, which the petitioner is by law allowed to deduct is only of the value of Rs.99,80,000/-/-. The petitioner undertakes to duly administer the property and credits of the deceased C.S.Vasan and to make a full and true inventory thereof and exhibit the same to the Court within six months from the date of grant of Letters of Administration to the petitioner and also render a true account of the said property and credits within one year from the said date.

3. The petitioner has been examined as P.W.1 and Ex.P.1 to Ex.P.7 marked.

4. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioner has filed this petition for grant of Letters of Administration in his favour in respect of the estate of the deceased C.S.Vasan. Ex.P.2 is the computer generated death certificate of C.S.Vasan. Ex.P.2 has been filed to show that C.S.Vasan died on 01.02.2022. Ex.P.3 is 2/5

the letter dated 18.08.2022 sent by the Tahsildar to the petitioner for production of succession certificate. Ex.P.1 and Ex.P.4 have been filed to show the assets standing in the name of the deceased C.S.Vasan. Ex.P.5 is the affidavit of assets showing the net value of the estate as Rs.99,80,000/-. Ex.P.6 and Ex.P.7 are the paper publications, but none have objected for the same.

5. In view of the above facts, I am of the view that the petitioner has proved his claim and hence, the petitioner is entitled for the issuance of Letters of Administration in his favour.

6. Accordingly, this petition is allowed. 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 3/5

Assistant Registrar (O.S.II), High Court, Madras. The petitioner is further directed to render true and correct accounts once in a year. 09.01.2024 vrc 4/5

N.SATHISH KUMAR, J.

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