Allowed

Mr.K.Packirisamy (Deceased) v. K.Rajeswari

Madras HC14 Sept 2022OP/130/2020

Case brief

AI extract

What is this about?

In an intestate succession case concerning the estate of N.K. Uthiraj, this court allowed the original petition. Letters of Administration were issued to the newly impleaded petitioner, the deceased's nephew, who was directed to administer the properties and execute a security bond.

What did the court decide?

Letters of Administration issued in favour of the newely impleaded petitioner P.Manohar in respect of the properties mentioned in the petition, with direction to execute a security bond of Rs. 25,000.

Mr.K.Packirisamy (Deceased) Vs K.Rajeswari — Succession and Inheritance | Madras HC (2022)

¶1

¶2

O.P.No. 130 of 2020

¶3

C.V.KARTHIKEYAN, J.

¶4

This Petition has been filed under Section 218 and 278 of the Indian Succession Act 1925, seeking grant of Letters of Administration, but without Will annexed with respect to a property of N.K.Uthiraj, who also had two bank accounts.

¶5

2. The petitioner is the brother of N.K.Uthiraj and the respondent is his sister.

¶6

3 . During the pendency of the petition and after recording evidence, the petitioner necessitating the son of the petitioner to be impleaded as the second petitioner to continue to prosecute the original petition.

¶7

4. N.K.Uthiraj, died a bachelor on 19.07.2019. Since he had died intestate without leaving any Class I heir, his brother and sister have joined together in filing this Petition. The sister / respondent had also filed a consent affidavit.

¶8

5. The petitioner was examined as PW-1. The death certificate of the mother of the petitioner/respondent/ N.K.Uthiraj was marked as Ex.P-1. The death certificate of the father Kuppusamy was marked as Ex.P-2. The death certificate of N.K.Uthiraj was marked as Ex.P-3. The statement of accounts with State Bank of India, Triplicane Branch and with Chennai Central Co-operative Bank Ltd., Nesapakkam Branch, had been marked as

¶9

https://www.mhc.tn.gov.in/judis

¶10

¶11

C.V.KARTHIKEYAN, J.

¶12

vsg

¶13

Exs. P-7 and P-8. Affidavit of assets were marked as Ex.P-10. The respondent had also filed a consent affidavit.

¶14

5. In view of the evidence adduced, this Original Petition stands allowed as follows:-

¶15

(a) the Letters of Administration shall be issued in favour of the newely impleaded petitioner P.Manohar in respect of the properties mentioned in the petition.

¶16

(b) The petitioner is directed to duly administer the said properties of the deceased.

¶17

(c) 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), High Court, Madras.

¶18

(d) The petitioner is further directed to render true and

¶19

correct accounts once in a year.

¶20

14.09.2022

¶21

Index:Yes/No Internet:Yes/No vsg

¶22

O.P.No. 130 of 2020

¶23

https://www.mhc.tn.gov.in/judis

Mr.K.Packirisamy (Deceased) v. K.Rajeswari

Case brief

What is this about?

What did the court decide?

Mr.K.Packirisamy (Deceased) v. K.Rajeswari

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

T.G.Kumudha Vs v.Jagadeesan

S.Raghul Vs v.Latha

Dr.Rahini Vs No Respondent

Vijayalakshmi Vs v.Ponnuswamy

Maya J Nichane Vs No Respondent

Sri Ranganatha Industries Vs M/S Automotive and Industrial Seals Private Limited