Allowed

V.Karthikeyan v. No Respondent

Madras HC13 Sept 2023OP/178/2023

Case brief

AI extract

What is this about?

This original petition sought letters of administration to the property and credits of deceased V.Nirmala. The petitioner, her only son, proved the mother died intestate with no known husband. The Court granted the petition, allowing the letters of administration to the petitioner.

What did the court decide?

This Original Petition is allowed by granting Letters of Administration to the petitioner for the scheduled properties of the deceased V.Nirmala.

V.Karthikeyan Vs No Respondent — Succession and Inheritance | Madras HC (2023)

¶1

O.P.No.178 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 13.09.2023

¶4

CORAM

¶5

THE HONOURABLE MS.JUSTICE R.N.MANJULA

¶6

O.P.No. 178 of 2023

¶7

V.Karthikeyan

¶8

… Petitioner

¶9

PRAYER : Original Petition filed for Letters of Administration under Section 218 & 278 of the Indian Succession Act, 1925 read with Order XXV Rule 5 of the Original Side Rules, 1956, prays that the letters of administration to the property and credits of the deceased V.Nirmala, specified in the schedule hereto, to have effect throughout the whole of Union of India may to granted in favour of the petitioner by this Court.

¶10

For Petitioner : Mr.Elizabeth Ravi

¶11

ORDER

¶12

This petition has been filed for seeking the Letters of Administration

¶13

in respect of the property and credits of the deceased V.Nirmala, specified in the schedule.

¶14

2.The averments in the petition are as follows:-

¶15

The petition mentioned properties are self acquired property of the

¶16

petitioner's mother by one Tmt.Nirmal Vedanatham, died intestate on

¶17

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

¶18

1/5

¶19

O.P.No.178 of 2023

¶20

03.01.2021, leaving behind her only son as her legal heir. The husband of Nirmala Vedanatham left her before 38 years and his whereabouts are not known. Since the petitioner's mother died intestate, he had filed this petition seeking Letters of Administration in respect of the properties inherited by him from his mother.

¶21

3 . The petitioner examined himself as PW.1 and Ex.P1 to Ex.P6 were marked through him.

¶22

4. From Ex.P1 it is seen that the mother of the petitioner, Nirmala Vedanatham died on 03.01.2021. The parents of the Nirmala Vedanatham also predeceased her. In Ex.P2 birth certificate would show that the petitioner has born through the deceased Nirmala Vedanatham and M.N.Vedanatham. The paper publications effected in one issue of Tamil daily 'Makkal Kural' dated 03.08.2023 and another issue of English daily 'Trinity Mirror' dated 25.07.2023 did not attract any objectors. The title deeds in respect of properties have been marked as Ex.P3 to Ex.P5.

¶23

5. Since the owner of the properties, who is the mother of the petitioner died intestate leaving behind the petitioner as her only surviving legal heir and her husband's whereabout are not known and considering the oral and documentary evidence produced by the petitioner, the Letters of Administration is granted in his favour.

¶24

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

¶25

2/5

¶26

O.P.No.178 of 2023

¶27

6. Accordingly, this Original Petition is allowed by granting a Letter

¶28

of Administration to the petitioner in respect of the petition mentioned scheduled properties of late V.Nirmala. The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in the name of the Assistant Registrar (Original Side) of this Court. The petitioner is further directed to file an inventory of assets and a statement of accounts within a period of six months and one year, respectively.

¶29

13.09.2023

¶30

jrs

¶31

Internet :Yes/No Speaking: Non speaking Neutral:Yes/ No

¶32

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

3/5

O.P.No.178 of 2023

APPENDIX

Petitioner's witness:

¶37

P.W.1 – V.Karthikeyan

¶38

Documents exhibited by the petitioner:

¶39

Exhibits	*Documents*
Ex.P1	The computer generated copy of the death certificate of V.Nirmala issued on 20.01.2021
Ex.P2	the original birth certificate of petitioner issued on 3.4.1986
Ex.P3	The certified copy of the deed of settlement registered as No.9071/2017 dated 29.11.2017.
Ex.P4	the certified copy of the deed of settlement registered as No.3665 /2017 dated 29.11.2017.
Ex.P5	The certified copy of the deed of settlement registered as No.1610/2003 dated 03.04.2003
Ex.P6	the office copy of the letter dated 29.06.2021 issued to Tahsildar, Mylapore Taluk.

¶40

13.09.2023

¶41

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

4/5

O.P.No.178 of 2023

R.N.MANJULA, J.

jrs

O.P.No. 178 of 2023

¶47

13.09.2023

¶48

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

¶49

5/5

V.Karthikeyan v. No Respondent

Case brief

What is this about?

What did the court decide?

V.Karthikeyan v. No Respondent

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

Mrs.J.Christy Rachel Sheeba Vs Mr.J.Clement Silkin

C.R.MadhanMoghan Vs R.Vasantha Kalyani and 4 others

T.Ratnakumari Vs K.Seethalakshmi and 2 others

K.Baskaran and 4 Others Vs Subadra Kandhavel

P.Sudhakar Vs No Respondent

A.Jithender Kochar Vs D.Saravanan and 6 others