The High Court at Madras allowed Original Petition No. 320 of 2022 filed under the Indian Succession Act. The court granted Letters of Administration to the first petitioner for the estate of the deceased father, Chinnathambi, who died intestate.
Letters of Administration to the first petitioner in respect of the estate of the deceased were granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
O.P.No.320 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
O.P.No.320 of 2022
1.C.Alaiammal 2.C.Kuppan Petitioners
PRAYER : Original Petition filed under Sections 218 and 278 of the Indian Succession Act for Letters of Administration without Will in respect of Estate Belonging to the Deceased Chinnathambi Read With Order XXV Rule 5 of the High Court Original Side Rules, prays that the Letters of Administration to the property and credits of the deceased to have effect limited to the State of Tamil Nadu may be granted to the first petitioner.
For Petitioners : Mr.R.Narayanan for Mr.K.Vijay Raj
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ORDER
The petitioners seek the issuance of letters of administration to the
first petitioner in respect of the estate of their late father, Mr.Chinnathambi.
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this Court. The legal heirship certificate in relation to the late Chinnathambi is on record as Ex.P5. The said document discloses that his legal heirs are Tmt.Lakshmiammal, Thiru.C.Kuppan, Thiru.C.Rajasekar and Selvi.Alaiammal. The death certificate of the petitioner's mother, C.Lakshmiammal, is on record as Ex.P3. The said document discloses that she died on 28.05.2009. The death certificate of the petitioner's sibling, C.Rajasekar, is on record as Ex.P4. The said document discloses that he died on 24.03.2007. Ex.P5 discloses that he was unmarried at the time of his father's death and the death certificate does not contain any particulars of his wife. The second petitioner has submitted a consent affidavit for the grant of letters of administration to the first petitioner.
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sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in the name of the Assistant Registrar, Original Side of this Court. The petitioner shall provide an inventory of assets and statement of accounts within a period of six
months and one year, respectively.
12.12.2022
rna Index : Yes / No Internet : Yes / No Petitioner's witness:
P.W.1 - Mrs.C.Alaiammal
Documents exhibited by the petitioners:
| Exhibits | Documents | |
|---|---|---|
| Ex.P1 | Certified copy of the sa favour of Chinnathambi. |
le deed dated 20.04.1964 executed in (Compared with the original) |
| Ex.P2 | Computergenerated dea | th certificateof Chinna Thambi. |
| Ex.P3 | Computergenerated dea | th certificate of C.Lakshmiammal. |
| Ex.P4 | Computergenerated dea | th certificate of C.Rajasekar. |
| Ex.P5 | Photocopy of the Mr.Chinnathambi. (Wit heirship certificate has b petitioners insisted for document. This do admissibility,proof and |
Legal Heirship Certificate of ness states that the original legal een misplaced by her. Counsel for the marking of the photocopy of this cument is marked subject to its relevancy) |
| Ex.P6 | Photocopyof the | Legal Heirshipcertificate of |
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O.P.No.320 of 2022
| Exhibits | Documents |
|---|---|
| Mrs.C.Lakshmiammal.(Compared with the original) | |
| Ex.P7 | Photocopyof myAadhaar Card.(Compared with the original) |
| Ex.P8 | Photocopy of the Aadhaar card of the second petitioner. (Compared with the original) |
| Ex.P9 | Consent affidavitgiven bythe secondpetitioner. |
| Ex.P10 | Affidavit of assets showing the net value of the estate as Rs.68,25,122/-. |
| Ex.P11 | Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 30.09.2022. |
| Ex.P12 | Copy of paper publication effected in one issue of English daily "TrinityMirror" dated 07.10.2022. |
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O.P.No.320 of 2022
SENTHILKUMAR RAMAMOORTHY,J
rna
O.P.No.320 of 2022
12.12.2022
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1 issue framed by the court
Whether the petitioners are entitled to Letters of Administration without Will in respect of the deceased father's estate.
1 provisions across 1 enactments
C.Alaiammal
C.Kuppan
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
