Madras High Court
V.Parthiban vs Grand-Sons on 4 June, 2012
O.P.No.118 of 2021
O.P.No.118 of 2021
V.PARTHIBAN.,J.
This Petition has been filed under Sections 232 and 276 of the Indian Succession Act read with Order XXV Rule 5 of the High Court Original Side Rules, seeking the grant of Letters of Administration.
2.In the petition, it is stated that the deceased A.Desamma died on 17.09.2018 at Door No.Old No.24, New No.40, Sivan Koil, Cross street, Kodambakkam, Chennai-600 024 and she was ordinarily residing at the said address. The deceased possessed the property within the jurisdiction of this Court. The petitioners are Grand-sons, the respondents 1 & 3 are daughter-in-laws and respondents 2, 4 & 5 are Grand-daughters of the deceased. The parents of the deceased predeceased her. The deceased died intestate and executed a will on 04.06.2012 and registered as Document No.35/Block III/2012, on the file of SRO, Kodambakkam. The amount of assets which is likely to come to the petitioner's hands does not exceed in the aggregate sum of Rs.58,01,607/- and the net amount of the said assets after deducting all the items, which the petitioners in law allowed to deduct is only of the value of Rs.58,01,607/-. The petitioners undertakes to duly administer the https://www.mhc.tn.gov.in/judis/ Page No.1/6 O.P.No.118 of 2021 property and credits of the deceased A.Desamma 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. No application has been filed in any other Court for Letters of Administration.
3.The petitioner, who examined himself as P.W.1, reiterated the averments made in the petition and filed the following documents viz., Exs.P1 to P21:
Ex.P1 is the original Will dated 04.06.2012 executed by A. Desamma.
Ex.P2 is the computer generated death certificate of A.Desamma, who died on 17.09.2018.
Ex.P3 is the computer generated death certificate of M. Angamuthu, who died on 25.05.2001.
Ex.P4 is the computer generated death certificate of A.Thulasi, who died on 08.08.2017.
Ex.P5 is the computer generated death certificate of A.Natarajan, who died on 29.07.2019.
Ex.P6 is the computer generated Legal Heirship certificate dated 02.12.2019 in respect of A.Natarajan. https://www.mhc.tn.gov.in/judis/ Page No.2/6 O.P.No.118 of 2021 Ex.P7 is the computer generated death certificate of A.Venugopal, who died on 04.08.2019.
Ex.P8 is the computer generated Legal Heirship certificate dated 05.10.2019 in respect of A.Venugopal.
Ex.P9 is the photocopy of the Assignment Deed dated 27.09.2012.
Ex.P10 is the photocopy of the Property Tax Demand Card bearing Serial No.0385883 standing in the name of M.Angamuthu.
Ex.P11 is the photocopy of the Water and Sewerage Tax-cum Charges card bearing C.M.C Bill No.1588000000 standing in the name of A.Desamma.
Ex.P12 is the photocopy of the Electricity Consumption Charges Card bearing Service No.239-66-167 standing in the name of A.Desamma.
Ex.P13 is the photocopy of the letter dated 07.01.2020 issued by Tahsildar, Egmore Taluk, Chennai.
Ex.P14 is the affidavit of assets showing the net value of the estate as Rs.58,01,607/-.
Ex.P15 is the consent affidavit given by the 1st respondent. Ex.P16 is the consent affidavit given by the 2nd respondent. Ex.P17 is the consent affidavit given by the 3rd respondent. Ex.P18 is the consent affidavit given by the 4th respondent. Ex.P19 is the consent affidavit given by the 5th respondent. Ex.P20 is a copy of paper publication effected in one issue of https://www.mhc.tn.gov.in/judis/ Page No.3/6 O.P.No.118 of 2021 Tamil daily "Makkal Kural" dated 12.08.2021.
Ex.P21 is a copy of paper publication effected in one issue of English daily "Trinity Mirror" dated 19.08.2021.
4.One Mr.K.P.Elumalai examined himself as P.W.2 and stated that testator executed the last Will and Testament in his presence and in the presence of Mr.J.Ganesan. He has subscribed his signature in the Will as the first attesting witness. He has also filed an affidavit to that effect. Ex.P22 is his affidavit.
5.One Mr.J.Ganesan examined himself as P.W.3 and stated that the testator executed the last Will and Testament in his presence and in the presence of Mr.K.P.Elumalai. He has also subscribed his signature in the Will as the second attesting witness. He has also filed an affidavit to that effect. Ex.P23 is his affidavit.
6.Considering the averments made in the petition and on perusing the materials available on record, this Court is satisfied that the petitioners are entitled to the issuance of Letters of Administration.
7.Accordingly, this petition is allowed. Issue Letters of https://www.mhc.tn.gov.in/judis/ Page No.4/6 O.P.No.118 of 2021 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.
21.10.2021 mrm https://www.mhc.tn.gov.in/judis/ Page No.5/6 O.P.No.118 of 2021 V. PARTHIBAN.,J.
mrm O.P.No.118 of 2021 21.10.2021 https://www.mhc.tn.gov.in/judis/ Page No.6/6