J.Sarah Athashta And Another v. J.Roselin
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.J.Sarah Athashta 2.J.Ruban Manickaraj ... Petitioners Vs J.Roselin ... Respondent PRAYER: Original Petition filed for issuance of Letters of Administration under Section 219 & 278 of the Indian Succession Act, r/w.XXV Rule 5 of the Original Side Rules, prays that the Letters of Administration to the without the Will annexed of her property and credits of the deceased. For Petitioners : Mr.R.Rajesh Vivekananthan For Respondent : No appearance
ORDER
This Original Petition has been filed for issuance of Letters of Administration in respect of the property and credits held by Hannee Catherine Snehalatha, who died intestate on 17.12.2014. The petitioners and the respondents are the in-laws of the deceased Hannee Catherine Snehalatha. The petitioners seek issuance of Letters of Administration in respect of the property and credits situate within the jurisdiction of this Court. 1/5
2. The petitioners submits that the deceased Hannee Catherine Snehalatha was married to their brother late Paul Jeyakaran and he died on 16.09.2003, leaving behind his mother and the deceased Hannee Catherine Snehalatha and the petitioners and respondent as his legal heirs. The mother inlaw of the deceased, who is also the mother of the petitioners and the respondent also died on 16.03.2011. The petitioners further asserts that the parents of the deceased Hannee Catherine Snehalatha, pre-deceased her and she has no siblings, and she has no issues out of the wedlock. 3.The second petitioner is examined as P.W.1. He has produced the death certificates of the deceased Hannee Catherine Snehalatha, Paul Jeyakaran and Lucy Jacob (mother in-law of the deceased), as Exs.P11, P4 and P9.
The legal heirship certificate of Lucy Jacob is produced as Ex.P10. A perusal of Ex.P10 shows that the petitioners, respondent and the deceased Paul Jeyakaran are the legal heirs of the deceased Lucy Jacob. Despite the notice served which had duly received by the respondent, none has appeared on his behalf either in person or through counsel and any objections was not raised for the grant of Letters of Administration in favour of the petitioners.
herein or from any other person.
4. In view of the above said facts and evidence, this Original Petition is ordered and Letters of Administration is granted in favour of the petitioners, in respect of the property and credits held by Hannee Catherine Snehalatha. The petitioners are 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 petitioners are further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively.
26.04.2023 gba Index :Yes/No Speaking order: Yes/ No Petitioners witness:
P.W.1 - Mr.J.Ruban Manickaraj Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the sale deed dated 31.01.1990 executed in favour of Mr.J.Paul Jayakaran Ex.P2 Photocopy of the sale deed dated 02.12.1991 executed in favour of Mr.J.Paul Jayakaran 3/5
Exhibits Documents Ex.P3 Photocopy of the sale deed dated 31.12.1993 executed in favour of Mr.J.Paul Jayakaran Ex.P4 Photocopy of the death certificate of Mr.J.Paul Jayakaran Ex.P5 Photocopy of the General Power of Attorney dated 21.12.2005 executed in favour of Mr.J.Ruban Manickaraj Ex.P6 Photocopy of the General Power of Attorney dated 01.03.2006 executed in favour of Mr.J.Ruban Manickaraj Ex.P7 Photocopy of the General Power of Attorney dated 01.03.2006 executed in favour of Mr.J.Ruban Manickaraj Ex.P8 Photocopy of the General Power of Attorney dated 01.03.2006 executed in favour of Mr.J.Ruban Manickaraj Ex.P9 Photocopy of the death certificate of Mrs.Lucy Jacob Ex.P10 Photocopy of the legal heirship certificate of Mrs.Lucy Jacob Ex.P11 Computer generated death certificate of Hannee Catherine Snehalatha Ex.
P12 Photocopy of 2nd petitioner's Aadhar card Ex.P13 Photocopy of 2nd petitioner's family card for the period 2005Ex.P14 Affidavit of assets showing the net value of estate as Rs.1,10,99,547/- Ex.P15 Paper publication effected in one issue of Tamil dialy "Makkal Kural" dated 13.12.2022 Ex.P16 Paper publication effected in one issue of English daily "Trinity Mirror" dated 21.12.2022 Ex.P17 Photocopy of the legal heirship certificate of Mr.J.Paul Jauakaran Ex.P18 Photocopy of the sale deed dated 08.03.1988 executed in favour of Mr.J.
26.04.2023 gba K.KUMARESH BABU,J.
gba 26.04.2023 5/5