Lakshmi Kannan v. K.Sridhar And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Lakshmi Kannan

...Petitioner

vs.

1.K.Sridhar 2.K.Janaki

...Respondents

PRAYER: Original Petition filed under Sections 218 & 278 of Indian Succession Act, 1925 and under Order XXV Rule 5 of Original Side Rules, prays that Letters of Administration to the property and credits of the deceased to have effect throughout the State of Tamil Nadu may be granted to her.

For Petitioner : Mr.N.Deivasigamani For Respondents : No appearance

ORDER

This Original Petition has been filed for issuance of Letters of Administration in respect of the properties of late Mr.P.Kannan, who died intestate on 04.07.1993. The petitioner is the wife of the testator whereas both the respondents are the children of the testator. The petitioner seeks 1/5

issuance of Letters of Administration in respect of the property mentioned in the petition, which is situated within the jurisdiction of this court.

2. The petitioner has been examined as PW1. She has produced the photocopy of the death certificate of the deceased Late.Mr.P.Kannan as Ex.P1. The photocopy of the legal heirship certificate of the deceased has been marked as Ex.P2. A perusal of Ex.P2 which clearly exhibits that the petitioner and the respondents are only legal heirs of the testator. The consent affidavits of the first and second respondents expressing their consent to grant the Letters of Adminstration in favour of the petitioner have been marked as Ex.P4 and Ex.P5 respectively. The general paper publications have been made and no objections have been received for the same.

3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.

4. In view of the above mentioned facts, this Original Petition is 2/5

ordered and Letters of Administration are granted in favour of the petitioner, in respect of the properties mentioned in the petition of the Late.Mr.P.Kannan. The 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 petitioner is further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively. kak Index :Yes/No Petitioner's witness:

P.W.1 - Mrs.Lakshmi Kannan Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Photocopy of the death certificate of P.Kannan issued by Corporation of Madras dated 12.07.1993 (Original is produced, compared and returned to the petitioner's counsel) Ex.P2 Photocopy of the legal heirship certificate of P.Kannan issued by the Tahsildar, Mambalam - Guindy Taluk dated 06.08.1993. (Original is produced, compared and returned to the petitioner's counsel) Ex.P3 Photocopy of the registered sale deed in 3/5

Doc.No.1253/1992, SRO, T.Nagar in favour of P.Kannan dated 28.02.1992. (Original is produced, compared and returned to the petitioner's counsel) Ex.P4 Consent affidavit of Mr.K.Sridhar / 1st respondent. Ex.P5 Consent affidavit of Mrs.Janaki / 2nd respondent. kak K.KUMARESH BABU, J.

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