S.Padma v. S.Barathkumar And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2025 CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL S.Padma ... Petitioner Vs
1. S.Barathkumar
2. S.Shrividya ... Respondents PRAYER: Original Petition is filed under Section 218 & 278 of the Indian Succession Act XXXIX of 1925 r/w Order XXV Rule 5 of O.S.Rules praying to grant Letters of Administration to the Property and credits of the deceased to the petitioner, as wife / beneficiary of the deceased having effect limited to the State of Tamil Nadu.
For Petitioner :
Ms.G.Gokulavani
ORDER
This petition has been filed under Sections 218 and 278 of the Indian Succession Act to grant Letters of Administration to the petitioner to the estates and credits of the deceased having effect limited to the State of Tamil Nadu.
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2. After filing of this petition, this Court directed the petitioner to effect general paper publication and the paper publication was also effected and there is no any objection from any party. Thereafter, the case was posted for recording evidence and the evidence was also recorded. On the side of the petitioner, PW1 was examined and Ex.P.1 to Ex.P15 were marked.
3. According to the petitioner, she is the wife of P.Sundararajan and the respondents are the son and daughter of Sundararajan respectively. The said P.Sundararajan died intestate on 11.03.2019 and left the petitioner and the respondents as his legal heirs. After due and diligent search, no Will was found and the petitioner claims to administer his property, as his wife and legal heir. The petitioner and the respondents are the only surviving legal heirs and there is no other next of kin to the deceased. The parents, namely, R.Parthasarathy and Pattammal of the deceased predeceased him. The net amount of the assets would come around Rs.2,23,96,073/- There are no other next of kin to the deceased except the petitioner and the respondents. The 1st respondent has given his consent to grant letters of administration in favour of the petitioner and the 2nd respondent has given her oral consent to grant letters of administration in favour of the petitioner. Page No.2 of 6
4. The petitioner herein, was examined as PW1. She has deposed that she is the wife of the deceased Sundararajan and reiterated the petition averments. A perusal of evidence of PW1 and Ex.P.1 to Ex.P.15 revealed that the petitioner and the respondents are the legal heirs of the deceased and no any objection has been raised either by the respondents or any other party to grant letters of administration to the petitioner. Therefore, the petitioner, through the evidences and documents, has amply proved that she is entitled to the Letters of Administration of the property and credits of the deceased. Therefore, the petitioner is entitled to the relief as prayed for in the petition.
5. Therefore, this Original Petition is allowed and Letters of Administration, to the estates and credits of the deceased Mr.Sundararajan in favour of the petitioner, is granted.
6. 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), Page No.3 of 6
High Court, Madras. The petitioner is further directed to render true and correct accounts once in a year.
Index :
Yes/No Speaking Order :
Yes/No ssd APPENDIX:
List of Petitioner side Witnesses:
PW1 :
Mrs. S.Padma List of Petitioner side Documents:
Exhibit No.
Date Description of Do/cuments.
Ex.P.1.
- Computer generated death certificate of Mr.Sundararajan.P.
Ex.P.2 - Computer generated death certificate of Mrs.Pattammal Ex.P.3 - Computer generated legal heirship certificate of Mr.Sundararajan.P.
Ex.P.4.
06.06.1977 Photocopy of the sale deed executed by Mr.K.R.Srinivasan in favour of Mr.P.Sundararajan Ex.P.5 - Photocopy of property tax demand card card standing in the name of Mr.P.Sundararajan pertaining to the Door No.19/3 at West Mambalam Ex.P.6 - Photocopy of Chennai Metropolitan Water Supply and Sewerage Board standing in the name of Mr.P.Sundarajan pertaining to the Door No. 19/3 at West Mambalam Ex.P.7 - Photocopy of Property Tax Demand Card standing in the name of Mr.P.Sundararajan Page No.4 of 6
Ex.P.8 - Photocopy of the construction agreement dated 25.09.1996 executed between Mr.P.Sundarajan and M/s Eswari Constructions (Engineering and Contractors) Ex.P.9 - Chennai Metropolitan Water Supply and Sewerage Board standing in the name of Mr.P.Sundarajan pertaining to Guindy, Chennai Ex.P.10 02.02.2023 Computer generated Patta standing in the name of MR.P.Sundarajan Ex.P.11 Photocopy of general power of attorney executed by Mr.S.Bharath Kumar in favour of Mrs.Padma Sundararajan Ex.P.12 Affidavit under Section 63(4) (C) of BSA Ex.P.13 Affidavit of assets showing a net value of estate as Rs.2,23,86,073/- Ex.P.14 16.08.2025 Copy of paper publication effected in one issue of tamil daily ' Makkal Kural'
Ex.P.15 09.08.2025 Copy of paper publication effected in one issue of english daily 'Trinity Mirror'
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P.DHANABAL ,J., ssd Page No.6 of 6