Ramakrishnan Ramachandiran v. No Respondent

A.A. NAKKIRAN, J, This Original Petition has been filed under Sections 258 of the Indian Succession Act XXXIX of 1925 read with Order XXV Rule 5 of the Original Side Rules, seeking to grant of Letters of Administration. 2.This petition has been filed for grant of Letters Administration in respect of the estate of one R.Gunasekaran. The petitioner is the only brother of the deceased R.Gunasekaran. The deceased R.Gunasekaran died on 07.05.2021. The deceased died intestate and though due and diligent search has been made for a Will, nothing has been found. There is no other kith or kin available than the petitioner. The amount of assets which is likely to come to the petitioner's hands does not exceed in the aggregate sum of Rs.5,23,97,391.

78p 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.5,23,77,391.78p. The petitioner undertakes to duly administer the property and credits of the deceased R.

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. 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 favour of the petitioner in respect of the estate of the deceased R.Gunasekaran. Ex.P.1 is the certified copy of the order dated 02.06.2023 in O.P.No.393 of 2022 passed by this Court. Ex.P.2 is the computer generated Death Certificate of Mrs.Usha Gunasekaran. Ex.P.3 is the original Legalheirship Certificate of Mrs.Lakshmi. Ex.P.4 is the affidavit of assets showing the net value of the estate as Rs.5,23,77,391/-. Ex.P.5 is the copy of the paper publication effected in one issue of English daily "The Times of India" dated 09.01.2024. Ex.P.6 is the copy of the paper publication effected in one issue of Tamil daily "Daily Thanthi" dated 09.01.2024, but none have objected for the same.

4.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.

5.Accordingly, this Original 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 Assistant Registrar (O.S.II), High Court, Madras. The petitioner is further directed to render true and correct accounts once in a year. 20.02.2024 mps

A.A. NAKKIRAN, J, mps 20.02.2024