Allowed

Gopal Gopinathan and 2 Others v. No Respondent

Madras HC22 Dec 2023OP/479/2023

Case brief

AI extract

What is this about?

This original petition sought Letters of Administration for the estate of a deceased spinster with no will. The court found the petitioners to be valid Class II legal heirs and allowed the petition, directing administration and execution of a security bond.

What did the court decide?

Letters of Administration issued in favour of the second and third petitioners; security bond of Rs.25,000/- directed.

Gopal Gopinathan and 2 Others Vs No Respondent — Succession and Inheritance | Madras HC (2023)

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O.P.NO.479 OF 2023

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N.SATHISH KUMAR, J.

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O.P.NO.479 OF 2023

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This Original Petition has been filed under Sections 218 and 278 of the Indian Succession Act read with Order XXV Rule 5 of the Original Side Rules, seeking to grant Letters of Administration in respect of the estate of the deceased K.G.Vijayalakshmi.

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2.The petitioners are the brothers and sister of the deceased K.G.Vijayalakshmi. The deceased K.G.Vijayalakshmi is a Spinster. She died on 26.02.2021. The parents of the deceased also pre-deceased her. T hough due and diligent search has been made for a Will, nothing has been found. Hence, the petitioners, being Class – II legal heirs of the deceased, have filed this Original Petition seeking to grant Letters of Administration in favour of the second and third petitioners.

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3 .On the side of the petitioners, the second petitioner has examined herself as P.W.1 and marked Exs.P.1 to Ex.P.14.

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

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O.P.NO.479 OF 2023

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4. P.W.1 in her evidence had narrated the averments made in the

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petition stating that the petitioners have filed this petition for grant of Letters of Administration in favour of the second and third petitioners in respect of the estate of the deceased K.G.Vijayalakshmi. Ex-P.1 is the computer generated death certificate of the deceased; Exs-P.2 and P.3 are filed to prove the death of the parents of the deceased; Exs-P.6 to P.8 are filed to prove the title of the property; Ex-P.9 is filed to prove the assets left by the deceased; Ex-P.10 is the affidavit of assets showing the net value of the estate as Rs.65,16,664/-; Exs-P.11 to P.14 are paper publications and none have objected for the same. The first petitioner has given consent affidavit.

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5. In view of the above facts, I am of the view that the petitioners

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have proved their claim as Class – II legal heirs and hence, the petitioners are entitled for the issuance of Letters of Administration in favour of the second and third petitioners.

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6. Accordingly, this petition is allowed. Issue Letters of

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Administration in favour of the second and third petitioners. The second and third petitioners are directed to duly administer the properties and credits of

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

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O.P.NO.479 OF 2023

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the deceased more fully described in the schedule. The second and third petitioners are 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 second and third petitioners are further directed to render true and correct accounts once in a year.

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22.12.2023

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

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O.P.NO.479 OF 2023

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N.SATHISH KUMAR, J.

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O.P.NO.479 OF 2023

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22.12.2023

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

Gopal Gopinathan and 2 Others v. No Respondent

Case brief

What is this about?

What did the court decide?

Gopal Gopinathan and 2 Others v. No Respondent

Case brief

What is this about?

What did the court decide?

What the court decided

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