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Madras High CourtOP/1065/2019allowed

Mrs.Soundara Madhavan v. No Respondent

2022-09-27Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No. 1065 of 2019 C.V.KARTHIKEYAN, J.

This Petition has been filed seeking Letters of Administration without Will with respect to the assert left behind by G.Madhavan, who died at New Jersey, USA on 06.12.2017.

2. The petitioners herein are his wife and two sons. They are also permanent residence of New Jersey in USA. The deceased had left behind a property at Chennai. In view of the fact that he died intestate at New Jersey in USA, the petitioners were not able to get the legal heirship certificate in the jurisdictional Thasildar Office and in order to administer the property left behind by him. Taking advantage of Sections 218 & 278 of the Indian Succession Act, 1925, this Petition has been filed seeking grant of Letters of Administration.

3. After following due procedure, the petitioners were invited to adduce evidence. The second petitioner examined himself as PW-1. The death certificate of his father G.Madhavan was marked as Ex.P-1 and the passport of his and of the first petitioner were marked as Exs. P-3 and P-4. The birth certificate of the third petitioner was marked as Ex.P-8. The affidavit of assets was marked as Ex.P-9.

https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

vsg

4. In view of the evidence adduced and produced before this Court, this Original Petition stands allowed as follows:- (a) the letters of administration shall be issued in favour of the petitioners without Will in respect of the properties mentioned in the petition.

(c) The petitioners are directed to duly administer the said properties of the deceased.

(d) The petitioner are 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. (e) The petitioners are further directed to render true and correct accounts once in a year.

27.09.2022 Index:Yes/No Internet :Yes/No vsg O.P.No. 1065 of 2019 https://www.mhc.tn.gov.in/judis