Allowed

C.v.Jayam v. Nil

Madras HC11 Mar 2022OP/655/2021

Case brief

AI extract

What is this about?

In this Original Petition for Letters of Administration, the Tamil Nadu High Court granted the petitioner's request to administer the property and credits of the deceased C.V.Ramani. The court found the petitioner to be the sole surviving Class-II legal heir after ascertaining the death of the deceased on 22.06.2019 and the filing of necessary publications without objections.

What did the court decide?

Letters of Administration issued in favor of the petitioner; directed to execute security bond for Rs. 25,000/- and render annual accounts.

C.v.Jayam Vs Nil — Succession and Inheritance | Madras HC (2022)

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O.P.No.655 of 2021

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P.VELMURUGAN,J.

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O.P.No.655 of 2021

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This Original Petition has been filed seeking for Letters of Administration to the property and credits of the deceased C.V.Ramani.

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2 The petitioner's father C.S.Vaidyanathan died on 16.11.1974 and her mother P.C.Rajam died on 18.10.2006. The petitioner and another one viz. C.V.Ramani are the legal heirs of the said C.S.Vaidyanathan and P.C.Rajam. The said C.V.Ramani had married one S.Malathi on 14.02.1986. Thereafter, their marriage was dissolved by mutual consent vide F.C.O.P.No.450 of 1999 dated 23.09.1999 on the file of 1^st Additional Family Court, Chennai, and no children was born out of their wed lock. Further, the C.V.Ramani never re-married anyone.

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3 According to the petitioner, being the elder sister of the deceased C.V.Ramani, she is the Class-II legal heir and there are no other legal heirs surviving the deceased C.V.Ramani. In such circumstances, the petitioner has sought for letters of administration.

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O.P.No.655 of 2021

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4 Before the learned Master, the petitioner was examined as a

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witness (PW1). In her deposition, she reiterated the contents of the petition filed in support of this petition. The following documents were marked as

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Exhibits :

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*Exhibits*	*Nature of the documents*
P1	The computer generated death certificate of Mr.C.S.Vaidyanathan
P2	The computer generated death certificate of P.C.Rajam
P3	The computer generated Legal Heirship certificate of P.C.Rajam
P4	The photocopy of the Divorce Order by mutual consent in F.c.O.P.No.450 of 1999 dated 23.09.1999 passed by I Additional Family Court, Madras.
P5	The computer generated death certificate of C.V.Ramani
P6	The photocopy of the Sale Deed dated 08.12.2009 in favour of C.V.Ramani, registered as Doc.No.2495 of 2009 at SRO, Mylapore.
P7	The photocopy of the Construction Agreement dated 08.12.2009 between B.Chandran and C.V.Ramani
P8 (Series 2 Nos.)	The photocopy of the savings bank account in State Bank of India, Santhome Branch, bearing account No.10013272182 standing in the name of Mr.C.V.Ramani and photocopy of the bank account in the Tamil Nadu State Apex Co-operative Bank Limited bearing SB Account No.217026218, Mandaveli Branch, standing in the name of Mr.C.V.Ramni
P9	The photocopy of PW.1's Aadhaar card
P10	The affidavit of assets showing the net value of the estate as Rs.47,70,668.07/-

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O.P.No.655 of 2021

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Exhibits Nature of the documents P11 Copy of paper publication effected in one issue of Tamil daily “Dina Kural” dated 17.12.2021 and one issue of English daily “Southern Mail” dated 25.12.2021

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5 From the evidence available on record, it is clear that C.V.Ramani died on 22.06.2019 leaving behind no issues. Ex.P3 proves the relationship between the deceased C.V.Ramani and the petitioner. Ex.P6 Sale Deed dated 08.12.2009 standing in the name of the deceased C.V.Ramani, also reveals and confirms that the deceased was owning a property mentioned in the schedule to the said Sale Deed till his death. Ex.P8 is the Account details of the deceased C.V.Ramani and Ex.P10 is the affidavit of assets.

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6 The petitioner has also effected paper publication in one issue of Tamil daily “Dina Kural” and in one issue of English daily “Southern Mail”, which have been marked as Ex.P11, with regard to her petition seeking for grant of letters of administration and no objection has been received till date after the said publication.

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7 An averment has also been made in the petition that no other

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O.P.No.655 of 2021

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application has been made to any District Court or delegate or to any High Court for Letter of Administration to his property and credits.

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8 After giving due consideration to the pleadings as well as the evidence available on record, this Court is inclined to grant letters of administration as prayed. Accordingly, this petition is allowed.

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9 Issue Letters of Administration in favour of the petitioner as prayed for. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. 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. The petitioner is further directed to render true and correct accounts once in a year.

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

C.v.Jayam v. Nil

Case brief

What is this about?

What did the court decide?

C.v.Jayam v. Nil

Case brief

What is this about?

What did the court decide?

What the court decided

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