Estate Of Mr.C.V.Mathrubootham v.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.06.2020

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA 1.C.V.Anandhanarayanan 2.C.V.Gowri 3.Lakshmi Radhakrishnan ...

Petitioners Prayer: Original Petition filed under Section 218 & 278 of Indian Succession Act Read with Order XXV Rule 5 of O.S.Rules praying for the Letters of Administration annexed of the property and credits of the deceased to have effect limited to the state of Tamilnadu may be granted to the third petitioner.

For petitioners :

Mr. M.Sriram 1/5

ORDER

The above petition has been filed for grant of Letters of Administration to the petitioners who are the Class - 2 legal heirs of the deceased C.V.Mathrubootham. The deceased C.V.Mathrubootham was working as an Office Assistant in the AG's Office, Teynampet and had died on 28.06.2014 as a bachelor leaving behind no issues. The deceased was the owner of the properties described in the schedule to the petition. The petitioners are the brother and sisters of the deceased C.V.Mathrubootham respectively.

2. The case of the petitioners is that the said C.V.Mathrubootham had died intestate. As he had left behind no Will and being his surviving legal heirs they are entitled to the administration of the properties.

3. In the said petition, the 1st and 2nd petitioners have gone on record to state that since they are also unmarried and they do not want to claim any right over the schedule mentioned property and they have no objection to the grant of Letters of Administration being given to the 3rd 2/5

petitioner.

4. The 3rd petitioner has examined herself as P.W.1 and has marked Xerox copy of the documents of title in respect of the schedule of properties. The Court records would indicate that the originals were shown and taken away and the Xerox copies have been marked. Ex.P.4 is the death certificate of the deceased C.V. Mathrubootham. Ex.P.5 is the affidavit of assets which would indicate the total assets of the deceased and would show net value of the estate as Rs.15,00,000/-.

5. The paper publication has also been effected in a Tamil and English dailies which have been marked as Ex.P.6 and Ex.P.7.

6. Considering the fact that the 1st and 2nd petitioners have jointly signed the petition giving their no objection to the grant being given to the 3rd petitioner this Court is allowing the petition as prayed for. There shall be a grant of Letters of Administration annexed of the property and credits of the deceased to have effect limited to the state of Tamilnadu in favour 3/5

of the 3rd petitioner. No costs.

7. The petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) in the name of the Assistant Registrar (Original Side), High Court of Madras. In addition, the petitioners shall also provide a full and true inventory of the properties and credits and also true accounts thereof within a period of six months and one year, respectively, from the date of grant. 01.06.2020 Internet : Yes/No Index :Yes/No Speaking / Non-Speaking kan P.T. ASHA. J, 4/5

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