Madras High Court
Manoj Kumar Agarwal … vs Khushboo Agarwal on 14 July, 2023
O.P.No.70 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2023
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
O.P.No. 70 of 2022
Manoj Kumar Agarwal … Petitioner
Vs.
1. Khushboo Agarwal
2. Mayank Agarwal .... Respondents
Original Petition is filed under Section 218, 278 of the Indian
Succession Act, 1925 r/w. Order XXV Rule 5 of High Court, Madras,
Original Side, 1956, praying to grant Letters of Administration to the
property and credits of the deceased to have effect throughout the whole of
Union of India may be granted to the petitioner.
For Petitioner : Mr.S.Thanka Sivan
For Respondents : Ms.R.Karthika Lakshmi
https://www.mhc.tn.gov.in/judis
1/7
O.P.No.70 of 2022
ORDER
This Original Petition has been filed under Section 218, 278 of the Indian Succession Act, 1925 r/w. Order XXV Rule 5 of High Court, Madras, Original Side, 1956, praying to grant Letters of Administration to the property and credits of the deceased to have effect throughout the whole of Union of India may be granted to the petitioner.
2. The averments in the petition are as follows:-
The petitioner and the respondents are the husband and children of one Reena Agarwal who owned the assets detailed in the schedule of the petition. She also owned an immovable property which is described under Item-1 of the schedule and the same is said to have been purchased by her by virtue of a sale deed dated 14.05.2015. The sale deed is a joint sale deed purchased in the names of Reena Agarwal and her husband Manoj Kumar Agarwal who is the petitioner herein. Reena Agarwal died on 18.08.2019 by leaving behind her husband and children as her only legal heirs.
3. The petitioner examined himself as P.W.1 and the following documents are marked:
https://www.mhc.tn.gov.in/judis 2/7 O.P.No.70 of 2022 Exhibits Documents P1 The computer generated death certificate of Mrs.Reena Agarwal P2 Computer generated legal heir certificate of Mrs.Reena Agarwal P3 Photocopy of the sale deed dated 14.05.2015 in favour of Mr.Manoj Kumar Agarwal and Mrs.Reena Agarwal (compared with the original) P4 Computer generated Statement of Summary of HDFC Bank in respect of Mrs.Reena Agarwal P5 Computer generated Statement of Summary of HDFC Bank in respect of Mr.Manoj Kumar Agarwal and Mrs.Reena Agarwal P6 Copy of the email communication dated 14.12.2021 P7 Computer generated Statement of Summary of PunjabNational Bank in respect of Mrs.Reena Agarwal P8 Photocopy of LIC Policy bond bearing policy No.193432629 in respect of Mrs.Reena Agarwal P9 Affidavit filed under Section 65B of Indian Evidence Act, in respect of Ex.P6 P10 Affidavit of assets showing the net value of estate as Rs.1,86,25,848.25/-
P11 Consent affidavit given by the first respondent P12 Consent affidavit given by the second respondent. P13 Copy of paper publication effected on one issue of Tamil daily “Dinakural” dated 03.03.2023 P14 Copy of paper publication effected on one issue of English daily “Southern Mail” dated 11.03.2023
4. The death certificate of Reena Agarwal is marked as Ex.P1. The legal heirship certificate of Reena Agarwal is marked as Ex.P2 and that would show that the petitioner and the respondents are her only legal heirs. The sale deed dated 14.05.2015 is marked as Ex.P3. Exs.P4 to P8 would https://www.mhc.tn.gov.in/judis 3/7 O.P.No.70 of 2022 show the valuable securities held by deceased Reena Agarwal.
5. The respondents 1 and 2 have given their consent affidavit in favour of the petitioner which are marked as Ex.P11 and 12 and the paper publication effected in one issue of Tamil daily “Dinakural” on 03.03.2023 and one issue of English daily “Southern Mail” dated 11.03.2023 and 11.03.2023 attracted no objectors.
6. Since the deceased Reena Agarwal died intestate by leaving behind the petitioner and the respondents as her only legal heirs and the respondents have given their consent affidavit in favour of the petitioner, there is no difficulty in granting Letters of Administration as requested by the petitioner.
7. Accordingly, this Original Petition is allowed by granting Letters of Administration to the property and credits of the deceased Reena Agarwal described in the Schedule of the petition. Such Letters of Administration shall have effect throughout the State of Tamilnadu. The petitioner is 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 https://www.mhc.tn.gov.in/judis 4/7 O.P.No.70 of 2022 (Original Side) of this Court. 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.
14.07.2023 bkn Internet :Yes/No Speaking: Non speaking Neutral:Yes/ No https://www.mhc.tn.gov.in/judis 5/7 O.P.No.70 of 2022 APPENDIX Petitioner's witness:
P.W.1 – Mr.Manoj Kumar Agarwal Documents marked:
Exhibits Documents
P1 The computer generated death certificate of Mrs.Reena
Agarwal
P2 Computer generated legal heir certificate of Mrs.Reena
Agarwal
P3 Photocopy of the sale deed dated 14.05.2015 in favour of
Mr.Manoj Kumar Agarwal and Mrs.Reena Agarwal (compared with the original) P4 Computer generated Statement of Summary of HDFC Bank in respect of Mrs.Reena Agarwal P5 Computer generated Statement of Summary of HDFC Bank in respect of Mr.Manoj Kumar Agarwal and Mrs.Reena Agarwal P6 Copy of the email communication dated 14.12.2021 P7 Computer generated Statement of Summary of PunjabNational Bank in respect of Mrs.Reena Agarwal P8 Photocopy of LIC Policy bond bearing policy No.193432629 in respect of Mrs.Reena Agarwal P9 Affidavit filed under Section 65B of Indian Evidence Act, in respect of Ex.P6 P10 Affidavit of assets showing the net value of estate as Rs.1,86,25,848.25/-
P11 Consent affidavit given by the first respondent P12 Consent affidavit given by the second respondent. P13 Copy of paper publication effected on one issue of Tamil daily “Dinakural” dated 03.03.2023 P14 Copy of paper publication effected on one issue of English daily “Southern Mail” dated 11.03.2023.
14.07.2023 bkn https://www.mhc.tn.gov.in/judis 6/7 O.P.No.70 of 2022 R.N.MANJULA, J.
bkn O.P.No. 70 of 2022 14.07.2023 https://www.mhc.tn.gov.in/judis 7/7