T.Shanmugam (Decd) v. M.Neela
Case brief
What is this about?
Court allowed a petition under the Indian Succession Act for Letters of Administration with Will annexed for the estate of T.Shanmugam, noting respondent absence.
What did the court decide?
Letters of Administration with Will annexed granted in favour of petitioner with direction to execute security bond.
What the court decided
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O.P.No.882 of 2007
K.KALYANASUNDARAM, J.,
This Petition has been filed under Sections 232 and 276 of the Indian Succession Act, 1925 for grant of Letters of Administration with Will annexed r/w Order XXV Rule 5 of the Madras High Court Original Side Rules, seeking the grant of Letters of Administration.
- Despite service of notice and the names of the respondents having been printed in the cause list, there is no representation on behalf of the respondents.
- In the petition, it is stated that the deceased T.Shanmugam died on 09.10.2003 at his ordinary residence at No.163, Sharma Nagar Quarters, Vysarpadi, Chennai-600 039. The petitioner is the son of the deceased. The first respondent is the wife of the deceased and the second and third respondents are the daughters of the deceased and the fourth respondent is the second son of the deceased. The Will of the deceased was executed on 13.08.2003. The deceased has not appointed any executor under the Will and the petitioner is one of the legatees.
- The amount of assets which is likely to come to the petitioner's hands does not exceed in the aggregate sum of Rs.1,50,000/- and the net amount of the said assets, after deducting
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all the items, which the petitioner is by law allowed to deduct is only of the value of Rs.1,40,000/-. The petitioner undertake to duly administer the property and credits of the deceased T.Shanmugam and in any way concerning his Will by paying first his debts and then the legacies therein bequeathed so far as the assets will extend 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 petitioner and also to render to this Court a true account of the said property and credits within one year from the said date.
Issues for consideration
1 issue framed by the court
Whether Letters of Administration with Will annexed should be granted to the petitioner.
Parties & counsel
- petitioner
K.Kalynasundaram
- other
T.Shanmugam
Coram
K.Kalynasundaram
Case details
As recorded by the court registry
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