Mrs.Marianne Patricia Margaret Oommen And 2 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2024

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN 1.Mrs.Marianne Patricia Margaret Oommen 2.Mrs.Rachel-Anne Georgina Oommen 3.Ms.Rebecca-Lynn Oommen Petitioners 1,2 and 3 represented by their Power of Attorney Agent Dr.Sheila Leonard ... Petitioners PRAYER: Original Petition filed under Sections 219, 243 and 278 of the Indian Succession Act, 1925, read with Order XXV Rule 5 of O.S. Rules to grant Letters of Administration to the property and credits of the deceased to have effect limited to the State of Tamil Nadu, may be granted to the petitioners' Power of Attorney, dated 26.10.2023 at Hounslow Middlesex, United Kingdom and adjudicated on 02.11.2023 as Adj.No.102 of 2023 at the office of the Sub-Registrar, Periamet.

For Petitioners : Mr.V.Krishnamurthy

O R D E R

The petition has been filed seeking Letters of Administration to the 1/5

property and credits of the deceased to have effect limited to the State of Tamil Nadu, to the petitioners' Power of Attorney Agent which Power of Attorney document is dated 26.10.2023 and executed at Hounslow Middlesex, United Kingdom and adjudicated on 02.11.2023 as Adj.No.102 of 2023 at the office of the Sub-Registrar, Periamet.

2. The first petitioner is the wife, the second petitioner is the elder daughter and the third petitioner is the younger daughter of the deceased George Oommen. They claim to be each entitled to an 1/3 rd undivided share in the estate of the deceased of Flat No.1 (A/29) measuring 1000 Sq.ft, Block A in Swiss Apartments at No.No.29, Old No.3, Jeremiah Road, Vepery, Chennai 600 007, which had been purchased by the late husband of the first petitioner, George Oommen who died on 11.08.2019. He had not written down any Will and had not bequeathed the property to anybody. The petitioners are residing at United Kingdom. Therefore, the petitioners appointed a Power of Attorney Agent.

3. The petitioners were directed to tender evidence and the Power of Attorney Agent was examined as P.W.1. The copy of the power of attorney document was marked as Ex.P1. The copy of the death certificate of 2/5

Mr.George Oommen was marked as Ex.P2. The copy of the sale deed dated 27.11.1987 executed in favour of Mr.George Oommen was marked as Ex.P4.

4. Taking into consideration all the records produced and the documents marked, the Original Petition stands allowed. The Letters of Administration to be issued to the petitioners' Power of Attorney Agent, in accordance with rules. Such Letters of Administration shall have effect throughout the State of Tamil Nadu. The petitioners' Power of Attorney Agent 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 and she 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 3/5

APPENDIX Petitioners' witness:

P.W.1 - Dr.Sheila Leonard Documents marked:

Exhibits Documents P1 the power of attorney dated 26.10.2023 given by the petitioners in favour of Dr.Sheila Leonard.

P2 the death certificate of Mr.George Oommen.

P3 the aadhaar card of Dr.Sheila Leonard P4 the sale deed dated 27.11.1987 executed in favour of Mr.George Oommen.

P5 the property tax receipt in respect of the property standing in the name of Mr.George Oommen P6 the affidavit of assets showing the net value of the estate as Rs.39,80,000/-.

P7 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 06.04.2024.

P8 Copy of the paper publication effected in one issue of English Daily "Trinity Mirror" dated 30.03.2024.

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C.V.KARTHIKEYAN, J.

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