Madras High Court
R.Shanthi vs Unknown on 21 December, 2024
Author: G.Jayachandran
Bench: G.Jayachandran
O.P.No.180 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.12.2024
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
ORIGINAL PETITION No.180 of 2024
1.R.Shanthi
2.Chitra ... Petitioners
Prayer: Original Petition has been filed under Sections 218 and 278 of the Indian
Succession Act XXXIX of 1925 r/w Order XXV Rule 5 of OS Rules for grant of
Letters of Administration to the property and credits of the deceased
Mr.K.Thanikachala Ravi to have effect throughout the whole of the State of Tamil
Nadu.
For Petitioners : Ms.T.Jayalakshmi
ORDER
The Original Petition has been filed for the grant of Letters of Administration concerning the estate left by one K.Thanikachala Ravi, who died intestate in Chennai on 01.10.2018. The petitioners are the two sisters of the said K.Thanikachala Ravi.
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2. According to the petitioners, their brother K.Thanikachala Ravi died on 01.10.2018 without any children and his wife Sumathy predeceased him. Thus, as his sisters and 2nd class heirs, they are the legal heirs entitled to inherit the estate left behind by K.Thanikachala Ravi.
3. The petitioners state that the immovable property, more fully described in the Schedule to the petition, was held by their mother, Mrs.K.Yasoda. Their father Kumarasamy and her children were the legal heirs entitled to inherit the property.
However, following the death of their father and brother, the remaining daughters, R.Shanthi and Chitra (the petitioners herein), have expressed their readiness to administer the property, settle the debts of the deceased K.Thanikachala Ravi, prove the inventory of the property and render accounts concerning the property.
Therefore, the present petition has been filed.
4. To substantiate the claim, Chitra, the 2nd petitioner herein, mounted the witness box, examined as P.W.1 and marked 21 documents as exhibits. She has undertook to administer the estate and render accounts, which reflected in her proof affidavit. The following documents were marked as exhibits through P.W.1:
Page No. 2/7https://www.mhc.tn.gov.in/judis O.P.No.180 of 2024 Sl.No. Exhibits Documents 1 Ex.P.1 Photocopy of the sale deed dated 12.05.2004 executed in favour of Mrs.K.Yasoda 2 Ex.P.2 Photocopy of the Voter ID card of Mrs.Sumathi 3 Ex.P.3 Computer generated death certificate of Mrs.K.Yasoda 4 Ex.P.4 Computer generated death certificate of Mrs.Sumathy. 5 Ex.P.5 Photocopy of the legal heir ship certificate of Mrs.Yasoda 6 Ex.P.6 Photocopy of the family card of Mr.Kumarasamy Natesan 7 Ex.P.7 Computer generated death certificate of Mr.K.Thanikachala Ravi. 8 Ex.P.8 Computer generated death certificate of Mr.Kumarasamy 9 Ex.P.9 Computer generated legal heir ship certificate of Mr.N.Kumarasamy.
10 Ex.P.10 Photocopy of the Aadhaar Card of Mr.Thanika Salaravi Kumarasamy 11 Ex.P.11 Photocopy of the Aadhaar Card of the first petitioner 12 Ex.P.12 Photocopy of my Aadhaar Card Ex.P.13 Photocopy of the property tax demand card standing in the name 13 of Mrs.K.Yasothammal Ex.P.14 Photocopy of the water and sewerage tax-cum water charges/sewerage service charges card standing in the name of 14 Mrs.Yasothammal Ex.P.15 Photocopy of the EB Card bearing No.069-017-302 along with the 15 Electricity Bill receipt dated 19.09.2023 Ex.P.16 Computer generated encumbrance certificate for the property 16 standing in the name of Mrs.K.Yasodha 17 Ex.P.17 Downloaded copy of the guideline value of the property.
Ex.P.18 Affidavit of assets showing the net value of the estate as 18 Rs.3,30,000/-.
Ex.P.19 Copy of the paper publication effected in one issue of Tamil Daily 19 “Makkal Kural” dated 15.09.2024.
Ex.P.20 Copy of the paper publication effected in one issue of English 20 Daily “Trinity Mirror” dated 22.09.2024 21 Ex.P.21 Certificate under Section 65 B of the Indian Evidence Act, 1872.Page No. 3/7
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5. Considering the fact that the paper publication inviting objections, if any, by interested parties has not evoked any response and the fact that the legal heirs' certificate of K.Thanikachala Ravi marked as Ex.P.7 and their father Kumarasamy, marked as Ex.P.9 indicate that the petitioners are the surviving legal heirs under Hindu Law, to inherit the property originally held by their mother, K.Yasoda. Hence, the petition for the grant of Letters of Administration in favour of the petitioners namely R.Shanthi and Chitra is granted on the following terms:
(i) Letters of Administration to be issued in accordance with Rules. Such Letters of Administration shall have effect throughout the State of Tamil Nadu.
(ii) The petitioners are directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) in the name of the Assistant Registrar (Original Side-II) of this Court.
(iii) The petitioner is further directed to file an inventory of assets and statement of accounts within a period of six months and one year respectively.Page No. 4/7
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6. In the result, this Original Petition is hereby allowed.
21.12.2024 Index: Yes/No Internet: Yes/No Speaking Order/Non Speaking Order rpl Petitioners' Side Witness:
P.W.1: Mrs.Chitra Documents Marked:
Sl.No. Exhibits Documents
1 Ex.P.1 Photocopy of the sale deed dated 12.05.2004 executed in favour
of Mrs.K.Yasoda
2 Ex.P.2 Photocopy of the Voter ID card of Mrs.Sumathi
3 Ex.P.3 Computer generated death certificate of Mrs.K.Yasoda
4 Ex.P.4 Computer generated death certificate of Mrs.Sumathy.
5 Ex.P.5 Photocopy of the legal heir ship certificate of Mrs.Yasoda
6 Ex.P.6 Photocopy of the family card of Mr.Kumarasamy Natesan
7 Ex.P.7 Computer generated death certificate of Mr.K.Thanikachala Ravi.
8 Ex.P.8 Computer generated death certificate of Mr.Kumarasamy
9 Ex.P.9 Computer generated legal heir ship certificate of
Mr.N.Kumarasamy.
10 Ex.P.10 Photocopy of the Aadhaar Card of Mr.Thanika Salaravi
Kumarasamy
11 Ex.P.11 Photocopy of the Aadhaar Card of the first petitioner
12 Ex.P.12 Photocopy of my Aadhaar Card
13 Ex.P.13 Photocopy of the property tax demand card standing in the name
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O.P.No.180 of 2024
Sl.No. Exhibits Documents
of Mrs.K.Yasothammal
Ex.P.14 Photocopy of the water and sewerage tax-cum water charges/sewerage service charges card standing in the name of 14 Mrs.Yasothammal 15 Ex.P.15 Photocopy of the EB Card bearing No.069-017-302 along with the Electricity Bill receipt dated 19.09.2023 16 Ex.P.16 Computer generated encumbrance certificate for the property standing in the name of Mrs.K.Yasodha 17 Ex.P.17 Downloaded copy of the guideline value of the property. 18 Ex.P.18 Affidavit of assets showing the net value of the estate as Rs.3,30,000/-.
19 Ex.P.19 Copy of the paper publication effected in one issue of Tamil Daily “Makkal Kural” dated 15.09.2024.
20 Ex.P.20 Copy of the paper publication effected in one issue of English Daily “Trinity Mirror” dated 22.09.2024 21 Ex.P.21 Certificate under Section 65 B of the Indian Evidence Act, 1872.
21.12.2024 Page No. 6/7 https://www.mhc.tn.gov.in/judis O.P.No.180 of 2024 Dr.G.JAYACHANDRAN, J.
rpl OP.No.180 of 2024 Page No. 7/7 https://www.mhc.tn.gov.in/judis O.P.No.180 of 2024 21.12.2024 Page No. 8/7 https://www.mhc.tn.gov.in/judis