Allowed

R.Sridhar v. Asha Swamy 3 Others

Madras HC8 Dec 2022OP/665/2021

Case brief

AI extract

What is this about?

In an original petition under the Succession Act, 1925 and Order XXV Rule 5, the son of deceased parents sought letters of administration. The court recorded evidence including death certificates and consent affidavits from respondents, holding the petitioner entitled to succeed.

What did the court decide?

Letters of administration granted to petitioner; directed to execute security bond of Rs. 25,000; file inventory within six months and statement of accounts within one year.

R.Sridhar Vs Asha Swamy 3 Others — Succession and Inheritance | Madras HC (2022)

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O.P.No.665 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.12.2022

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CORAM

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THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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O.P.No.665 of 2021

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R.Sridhar Son of late P.Ramakrishnan and Thankam Ramakrishnan

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... Petitioner

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Asha Swamy

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Jeroo Prakash

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Pourush Prakash

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Vandana Venkat 6111 Riverbend Drive Lisle, IL 60532, USA Rep. By Power of Attorney Shankar Swamy 3A Sharanalaya 22 Prithvi Avenue, Chennai 600 018.

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... Respondents

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PRAYER : Original Petition filed under Sections 218 and 278 of the Succession Act, 1925 and Order XXV Rule 5 of O.S.Rules 1956 prays that

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

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O.P.No.665 of 2021

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Letters of Administration annexed of the entire properties and credits of both the deceased to the have effect throughout the State of Tamil Nadu

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may be granted to the Petitioner.

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O R D E R

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The petitioner seeks the grant of letters of administration in respect

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of the estate of the late P.Ramakrishnan and Thankam Ramakrishnan.

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The petitioner states that he is the son of late P.Ramakrishnan and

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Thankam Ramakrishnan. The late P.Ramakrishnan died on 11.08.2018 and Thankam Ramakrishnan died on 14.02.2019. It is stated that the petitioner's father and mother ordinarily resided at the address specified in paragraph 4 of the petition, which is within the jurisdiction of this Court.

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In the petition, the petitioner's sister is arrayed as the first respondent. The wife of the petitioner's brother, who pre-deceased his

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O.P.No.665 of 2021

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parents, is arrayed as the second respondent and her son is arrayed as the third respondent. The petitioner's sister's daughter is arrayed as the fourth respondent since the petitioner's sister passed away. All the respondents submitted consent affidavits.

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In order to establish the claim made in the petition, the petitioner adduced evidence through Mr.Joideep Roy Chowdhury, the agent of the petitioner, who was examined as PW1. In course of the examination-inchief of PW1, the 12 documents which are listed at the foot of this order, were exhibited as Exs.P1 to P12. These documents include: the death certificate of P.Ramakrishnan (Ex.P2) and the death certificate of Thankam Ramakrishnan (Ex.P3); the photocopy of sale deed dated 12.06.2000 in favour of Thankam Ramakrishnan (Ex.P1); and paper publications in one issue of the Tamil daily “Makkal Kural” on 31.03.2022 and the English daily “Trinity Mirror” on 09.04.2022 (Exs.P7 and P8), respectively. The consent affidavits of the four respondents were exhibited as Exs.P9 to P12.

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O.P.No.665 of 2021

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On the basis of the assertions in the petition and the evidence

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recorded in support thereof, the petitioner is entitled to succeed. Consequently, O.P.No.665 of 2021 is allowed by granting letters of administration to the petitioner in respect of the assets described in the schedule to the petition. The petitioner shall execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in the name of the AR (OS-II) of this Court. The petitioner shall file an inventory of assets and statement of accounts within a period of six months and one year, respectively.

08.12.2022

kal

Index : Yes / No

Petitioner's witness:

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P.W.1 – Mr.Joideep Roy Chowdhury

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Documents exhibited by the petitioners:

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*Exhibit*	*Description*
*No.*
Ex.P1	The photocopy of the Sale Deed dated 12.06.20222 in favour of
	Mr. Thankam Ramakrishnan (Compared with the original)

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O.P.No.665 of 2021

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*Exhibit* *No.*	*Description*
Ex.P2	The computergenerated death certificate of P.Ramakrishnan.
Ex.P3	The computer generated death certificate of Thankam Ramakrishnan.
Ex.P4	The specific power of attorney dated 18.05.2022 executed by 1^stpetitioner in myfavour.
Ex.P5	The downloaded copy of the property tax statement in respect of propertyof Thankam Ramakrishna and P.Ramakrishnan.
Ex.P6	The affidavit of assets showing the net value of the estate of Rs.90,00,000/-.
Ex.P7	The copy of Paper publication effected in one issue Tamil Daily“Makkal Kural” dated 31.03.2022.
Ex.P8	The copy of Paper publication effected in one issue English Daily“TrinityMirror” dated 09.04.2022.
Ex.P9	The consent affidavitgiven bythe 1^strespondent.
Ex.P10	The consent affidavitgiven bythe 2^ndrespondent.
Ex.P11	The consent affidavitgiven bythe 3^rdrespondent.
Ex.P12	The consent affidavitgiven bythe 4^threspondent.

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O.P.No.665 of 2021

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SENTHILKUMAR RAMAMOORTHY,J

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kal

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O.P.No.665 of 2021

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08.12.2022

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

R.Sridhar v. Asha Swamy 3 Others

Case brief

What is this about?

What did the court decide?

R.Sridhar v. Asha Swamy 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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