Madras High CourtOP/1091/2018allowed

R.Vijayalakshmi v. No Respondent

2019-06-07Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 07th DAY OF JUNE 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P. No.1091 of 2018 In the matter of Indian Succession Act XXXIX of 1925 and In the matter of the Estate of R.Venkatesa Rao intestateDeceased 1.R.Vijayalakshmi, No.46, Sundaram Main Road, Vyasarpadi, Chennai 600 039 2.R.Santhakumari, No.46, Sundaram Main Road, Vyasarpadi, Chennai 600 039 3.R.Raghupathy, No.46, Sundaram Main Road, Vyasarpadi, Chennai 600 039 4.R.Sivaramakrishnan, No.46,Sundaram Main Road, Vyasarpadi, Chennai 600 039 ...Petitioners Original Petition praying that this Honble Court be pleased that the Letters of Administration to the property and credits of the deceased may be granted to the 4th Petitioner as one of the surviving legal heirs of the deceased to have effect limited to the State of Tamil Nadu.

This Original Petition coming on this day before this Court for hearing the court made the following oder: The petitioners, who are the brothers and sisters of the deceased R.Venkatesa Rao, who died as a bachelor on 11.03.2014 have come forward with this application seeking Letters of Administration with the Will for the property and effects of the deceased.

2. The fourth petitioner has been examined as P.W.1, he has produced the death certificate of the R.Venkatesa Rao as Ex.P1 and death certificates of the parents of the Venkatesa Rao as Exs.P2 and P3. The legal heirship certificate of the father of Venkatesa Rao, D.Ramachandran has been produced as Ex.P4. A perusal of the legal heirship certificate shows that the petitioners are the brothers and sisters of the deceased Venkatesa Rao. Since Venkatesa Rao died issue less without any Class - I heirs, the petitioners are entitled to succeed his estate.

3. Considering the above evidence, I find that the petitioners are the heirs of the deceased R.Venkatesa Rao and are entitled to Letters of Administration. In fine, this original petition is allowed granting Letters of Administration in favour of the 4th petitioner since

petitioners 1 to 3 have signified their consent for the grant. The 4th petitioner shall execute a bond for Rs.10,000/-.

sd/-R.S.M.J 07.06.2019 //Certified to be a true copy// Dated this the day of 2019.

R.s/26.06.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.