Madras High Court
Asuri Ramesh Rangan Sholinghur … vs Unknown on 21 June, 2024
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
O.P.No.652 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
O.P. No. 652 of 2023
Asuri Ramesh Rangan Sholinghur … Petitioner
PRAYER: Original Petition filed under Sections 218 & 278 of the
Indian Succession Act 1925, read with Order XXV Rule 5 of Original
Side Rules for the letter of administration to the property and credits of
the deceased to have effect throughout the whole State of Tamil Nadu.
For Petitioner : Mr.R.Kannan
ORDER
This petition has been filed seeking Letters of Administration without Will annexed, of property which is situated at Tulasinga Perumal Koil Street, (formerly Hanumantharayan Koil street) Triplicane, Chennai 600 005, which belonged to K.Thirunarayanan, the brother of the mother of the petitioner.
2. The said K.Thirunarayanan died intestate on 07.11.2008. His wife T.Rajalakshmi also died intestate on 27.08.2019. Another sister of Page 1 of 5 https://www.mhc.tn.gov.in/judis O.P.No.652 of 2023 the mother of the petitioner, K.Sulochana also died as a spinster on 26.06.2012.
3. Learned counsel for the petitioner stated that the petitioner is the only surviving Class-II legal heir. It is under those circumstances, this petition has been filed. After following due procedure, the petitioner was directed to tender evidence and accordingly, the petitioner examined himself as P.W.1 and he marked the death certificate of K.Thirunarayanan as Ex.P1 and death certificates of T.Rajalakshmi as Ex.P4 and that of K.Sulochana as Ex.P3. He also marked the death certificate of S.A.Rajammal as Ex.P2 and the documents relating to the property as Exs.P7, P8, P9 and P10.
4. Taking the evidence into consideration and the documents produced, the Original Petition stands allowed and the Letters of Administration to be granted to the petitioner in accordance with rules.
21.06.2024 Index :Yes/No gsa Page 2 of 5 https://www.mhc.tn.gov.in/judis O.P.No.652 of 2023 APPENDIX Petitioner's witness:
P.W.1 – Mr.Asuri Ramesh Rangan Sholinghur Documents marked:
Exhibits Documents
Ex.P1 Computer generated death certificate of K.Thirunarayanan.
Ex.P2 Photocopy of the death certificate of Mrs.S.A.Rajammal
(compared with the original).
Ex.P3 Computer generated death certificate of K.Sulochana.
Ex.P4 Computer generated death certificate of T.Rajalakshmi.
Ex.P5 Photocopy of the Pan Card of S.A.Rajammal (compared
with the original).
Ex.P6 Computer generated death certificate of S.A.Rajammal
Ex.P7 Online printout of encumbrance certificate dated 28.11.2019
for the period 01.01.1975 to 26.11.2019 in respect of the property mentioned in the petition. Ex.P8 Online printout of extract from the town survey land register in respect of the property mentioned in the petition. Ex.P9 Photocopy of the property tax demand card in respect of the property standing in the name of K.Thirunarayanan and another (compared with the original). Ex.P10 Photocopy of the sale deed dated 19.05.1963 (compared with the original).
Page 3 of 5 https://www.mhc.tn.gov.in/judis O.P.No.652 of 2023 Exhibits Documents Ex.P11 Affidavit of assets showing the net value of the estate as Rs.40,05,000/-. Ex.P12 Copy of the paper publication effected in one issue of Tamil
Daily “Makkal Kural” dated 14.03.2024. Ex.P13 Copy of the paper publication effected in one issue of English Daily “Trinity Mirror” dated 28.03.2024. Ex.P14 Photocopy of the family tree of S.Krishnaswamy Ayyangar handwritten by Thirunarayanan stating that the property should go to the petitioner (compared with the original).
21.06.2024 gsa Page 4 of 5 https://www.mhc.tn.gov.in/judis O.P.No.652 of 2023 C.V.KARTHIKEYAN,J.
Gsa O.P. No. 652 of 2023 21.06.2024 Page 5 of 5 https://www.mhc.tn.gov.in/judis