O.P.No.105 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA

O.P.No.105 of 2023

Ms.Shruthi Nirmal

…

Petitioner

Vs.

Mr.K.Nirmal Kumar

....

Respondent

PRAYER : Original Petition is filed under Sections 218 & 278 of the Indian

Succession Act, 1925 r/w. Order XXV, Rule 5 of Original Side Rules

seeking for grant of Letters of Administration annexed of the property and

credits of assets of the deceased late Mrs.D.Pugazhendhi, having effect

limited to the State of Tamil Nadu.

For Petitioner : Mr.N.G.P.Rajaram

For Respondent : No appearance

ORDER

This Original Petition has been filed under Sections 218 & 278 of the

Indian Succession Act, 1925 r/s Order XXV, Rule-5 of Original Side Rules

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O.P.No.105 of 2023

seeking for grant of Letters of Administration annexed of the property and

credits of assets of the deceased late Mrs.D.Pugazhendhi, having effect

limited to the State of Tamil Nadu.

2. The averments in the petition are as follows:-

The mother of the petitioner by name D.Pugazhendhi had availed a

locker facility with State Bank of India through her savings Bank Account

No.30321565838, State Bank of India, Shenoy Nagar Branch, Chennai. The

said Pugazhendhi died on 30.06.2017. The respondent is the husband of late

Pugazhendhi and the father of the petitioner herein. The petitioner's mother

was also working as Assistant Professor and even during the life time of the

petitioner's mother, there was some misunderstanding between herself and

the respondent and the respondent was not living with her. When the

petitioner went and approached the Banker to release the jewels subsequent

to the death of her mother, they insisted to produce Letters of

Administration. As per the letter given by the Bank, the petition mentioned

jewels are said to be in the locker maintained by the deceased Pugazhendhi.

Hence, the petitioner has come forward with this petition.

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O.P.No.105 of 2023

3. The petitioner examined herself as P.W.1 and the following

documents were marked as Exhibits P1 to P13.

Exhibits

Documents

P1

The photocopy of the petitioner's birth certificate.

P2

The computer generated death certificate of D.Pugazhendhi.

P3

The web copy of the order dated 09.03.2021 in W.P.Nos.1773 of

2021 and 1982 of 2022.

P4

The letter of disclaimer dated 09.08.2021 issued by Branch

Manager, Shenoy Nagar Branch, State Bank of India.

P5

The Photocopy of the order of the RDO dated 29.06.2022.

P6

The computer generated legal heir certificate of D.Pugazhendhi.

P7

The office copy of the legal notice dated 15.09.2022.

P8

The original reply notice dated 10.10.2022 along with the copy of

the Appraiser Certificate.

P9

The web copy of the order dated 01.03.2022 in W.P.No.4528 of

2022 and W.M.P.No.4660 of 2022.

P10

The photocopy of the petitioner's Aadhar Card.

P11

The affidavit of assets showing the net value of the assets at

Rs.7,96,255/-.

P12

The copy of the paper publication effected in one issue of Tamil

Daily “Makkal Kural” dated 22.06.2023.

P13

The paper publication effected in one issue of English Daily

“Trinity Mirror” dated 30.06.2023.

4. The birth certificate of the petitioner was produced as Ex.P1 and

that would show that she was born on 06.09.1997 to the deceased

Pugazhendhi and the respondent. Ex.P2 is the death certificate of

Pugazhendhi. The father of the petitioner who is the respondent herein also

given a letter of disclaimer to the Bank by stating that he is not interested in

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O.P.No.105 of 2023

the petition mentioned jewels and he has got not objection to deliver the

jewels to the petitioner. The paper publication effected in one issue of Tamil

Daily “Makkal Kural” dated 22.06.2023 and in one issue of English Daily

“Trinity Mirror” dated 30.06.2023 did not attract any