Allowed

P.Ravindran v. P.Senthilnathan

Madras HC4 Mar 2024OP/505/2023

Case brief

AI extract

What is this about?

Petition for Letters of Administration for the intestate estates of T.Parthasarathy and P.Leelavathi, with the respondent consenting and no will found after diligent search. The petitioner proved the death certificates, legal heir certificates and affidavit of assets; the court granted Letters of Administration.

What did the court decide?

Letters of Administration granted to the petitioner on security bond of Rs.25,000/- with undertaking to administer the estate and render accounts.

P.Ravindran Vs P.Senthilnathan — Succession and Inheritance | Madras HC (2024)

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O.P. No.505 of 2023

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N.SATHISH KUMAR, J.

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This Petition has been filed under Sections 232 and 276 of the Indian Succession Act read with Order XXV Rule 5 of the Original Side Rules, seeking to grant of Letters of Administration.

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This petition has been filed for grant of Letters Administration in respect of the estate of T.Parthasarathy and P.Leelavathi. The deceased died on 14.04.1995 and 17.03.2008 respectively. The petitioner, respondent and one late Tmt.Shashikala are the class-I legal heir of the above deceased. The said late Shashikala died on 01.03.2011, was married to A.Vivekanand, who died on 21.05.2021 and their daughter namely V.Divya also died on 09.03.2019 died by road accident along with her husband Mr.Sendhil, they had died issue less. The respondent has given consent affidavit for grant of Letters of Administration in favour of the petitioner. The schedule mentioned property is purchased jointly by the deceased. The deceased died intestate and though due and diligent search has been made for a Will, nothing has been found. There is no other kith or kin available than the petitioners. The amount of assets which is likely to come to the petitioner's hands does not

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

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exceed in the aggregate sum of Rs.50,00,000/- and the net amount of the

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said assets after deducting all the items, which the petitioner is by law allowed to deduct is only of the value of Rs.49,80,000/-. The petitioner undertakes to duly administer the property and credits of the deceased T.Parthasarathy and P.Leelavathi and to make a full and true inventory thereof and exhibit the same to the Court within six months from the date of grant of Letters of Administration to the petitioner and also render a true account of the said property and credits within one year from the said date.

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The petitioner has been examined as P.W.1. P.W.1 in his evidence had narrated the averments made in the petition stating that he has filed this petition for grant of Letters of Administration in his favour in respect of the estate of the deceased T.Parthasarathy and P.Leelavathi. Ex.P.1 is the photocopy of the death certificate of T.Parthasarathy. Ex.P2 is the photocopy of the legal heir certificate of T.Parthasarathy. Ex.P3 is the original death certificate of Leelavathy. Ex.P4 is the photocopy of the legal heir certificate of Leelavathy. Ex.P5 is the computer generated death certificate of V.Shashikala. Ex.P6 is the computer generated death certificate of Mr.A.Vivekanand. Ex.P7 is the computer generated death certificate of

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

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V.Divya. Ex.P.8 is the affidavit of assets showing the net value of the estate

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as Rs.49,80,000/-. Exs.P.19 and P10 are the paper publications, but none have objected for the same.

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4 . In view of the above facts, I am of the view that the petitioner has

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proved his claim and hence, the petitioner is entitled for the issuance of Letters of Administration in his favour.

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

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Administration in favour of the petitioner. 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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04.03.2023

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dhk

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N.SATHISH KUMAR, J.

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

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dhk

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O.P. No.505 of 2023

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04.03.2024

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

P.Ravindran v. P.Senthilnathan

Case brief

What is this about?

What did the court decide?

P.Ravindran v. P.Senthilnathan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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