Prem Natarajan And 2 Others v. No Respondent

O.P. No.475 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 goods of the deceased P.S.Natarajan in favour of the petitioners.

2. This petition has been filed for grant of Letters Administration in respect of the goods of the deceased P.S.Natarajan in favour of the petitioners. The first petitioner is the wife of the deceased P.S.Natarajan and the second and third petitioners are son and daughter of the deceased. The deceased P.S.Natarajan died on 25.06.2022. The petitioners being the class I legal heirs of the deceased are entitled to succeed the goods of P.S.Natarajan. 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 1/5

likely to come to the petitioners' hands does not exceed in the aggregate sum of Rs.1,00,000/- and the net amount of the said assets after deducting all the items, which the petitioners is by law allowed to deduct is only of the value of Rs.1,00,000/-. The petitioners undertake to duly administer the property and credits of the deceased P.S.Natarajan 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 first petitioners and also render a true account of the said property and credits within one year from the said date.

3. The second petitioner has been examined as P.W.1 and Ex.P.1 to Ex.P.9 marked.

4. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Letters of Administration in favour of the petitioners in respect of the goods of the deceased P.S.Natarajan Ex.P.1 is the computer generated death 2/5

certificate of the deceased P.S.Natarajan. Ex.P.1 shows that P.S.Natarajan died on 25.06.2022. Ex.P.2 is the computer generated legal certificate of the deceased P.S.Natarajan. Ex.P.2 shows that the petitioners are the legal heirs of the deceased P.S.Natarajan. Ex.P.6 is the letter dated 16.06.2023 addressed to the first petitioner by SBI Bank for letters of administration. Ex.P.7 is the affidavit of assets showing the net value of the goods as Rs.1,00,000/-. Ex.P.8 and Ex.P.9 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 petitioners have proved their claim and hence, the petitioners are entitled for the issuance of Letters of Administration in favour of the petitioners.

6. Accordingly, this petition is allowed. Issue Letters of Administration in favour of the petitioners. The petitioners are directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioners are also directed to execute a 3/5

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 petitioners are further directed to render true and correct accounts once in a year.

23.01.2024 vrc Note : Issue Order Copy on 24.01.2024 4/5

N.SATHISH KUMAR, J.

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