Letters of administration petition for the estate of an intestate who died issueless; petitioners claimed as Class-II legal heirs through his deceased sister. Court found claim proved on evidence and granted Letters of Administration with security bond and annual accounting.
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N.SATHISH KUMAR, J.
O.P. No.521 of 2023
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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II legal heirs of the deceased has filed this petition. 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 petitioners' hand do not exceed in the aggregate sum of Rs.2,94,51,000/- and the net amount of the said assets after deducting all the items, which the petitioners are by law allowed to deduct is only of the value of Rs.2,94,51,000/-. The petitioners undertake to duly administer the property and credits of the deceased Subbaraman 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 petitioners and also render a true account of the said property and credits within one year from the said date.
3 . The second petitioner has been examined as P.W.1. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Letters of Administration in favour of the petitioners in respect of the estate of the deceased Mr.Subbaraman. Ex.P.6 is the computer generated death certificate of Mrs.C.R.Sarathambal. Ex.P7 is the computer generated death certificate of
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Mrs.C.Girija. Ex.P8 is the computer generated death certificate of Mr.C.Subbaraman. Ex.P10 is the photocopy of the letter dated 02.12.2023 of rejection of application for grant of Class-II legal heir certificate by Tahsildar, Mylapore Taluk addressed to the petitioners. Ex.P12 is the computer generated death certificate of Mr.K.R.Ganesh Shankar. Ex.P13 is the computer generated legal heir certificate of Mr.K.R.Ganesh Shankar. Ex.P13 has been filed to prove that the petitioners 4 and 5 are the legal heirs of Mr.K.R.Ganesh Shankar. Exs.P16 to P20 are the photocopies of the Aadhar Card of the respective petitioners. Ex.P21 is the affidavit of assets showing the net value of the estate as Rs.2,94,51,000/-. Exs.P.22 & P23 are the paper publications, but none have objected for the same.
have proved their claim that they are the Class-II legal heirs of the deceased and they are all entitled for the issuance of Letters of Administration in their favour. The petitioners 4 and 5 are entitled to the share allotted to Mr.K.R.Ganesh Shankar, since, the said Mr.K.R.Ganesh Shankar was alive when the succession was opened in the year 2016.
N.SATHISH KUMAR, J.
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5 . Accordingly, this petition is allowed. Issue Letters of
Administration in favour of the petitioners. The petitioners are directed to duly administer the properties and credits of the deceased more fully described in the schedule. The 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 petitioners are further directed to render true and correct accounts once in a year.
04.01.2024
O.P. No.521 of 2023
1 issue framed by the court
Whether the petitioners, as Class-II legal heirs of the intestate Subbaraman, are entitled to Letters of Administration of his estate?
1 provisions across 1 enactments
Petitioners 1 to 5
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
