O.P.No.277 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA

O.P.No. 277 of 2019

1. S.Sathish

2. Deepa

…

Petitioners

Vs.

Subadhra

...

Respondent

Original Petition is filed under Section 218 & 278 of the Indian

Succession Act XXXIX of 1925 & Order XXV Rule 6 of O.S.Rules for

grant of Letters of Administration annexed to the properties and credits of

the deceased effect throughout the State of Tamil Nadu.

For Petitioners : Mr.Surya

For Respondent : No appearance

ORDER

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

Indian Succession Act, 1925 (Act XXXIX of 1925) and under Order XXV,

Rule-6 of Original Side Rules seeking for grant of Letters of Administration

with the properties and credits annexed, to the petitioner having effect

limited to the State of Tamil Nadu.

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O.P.No.277 of 2019

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

The properties described under schedule A & B are the movable and

immovable assets owned by T.S.Balaraman. The said T.S.Balaraman

remained as a bachelor and died on 08.02.2014 without any Class-I legal

heirs. The parents of T.S.Balaraman predeceased him. The petitioners are

the sister's children of T.S.Balaraman and hence they are his Class-II legal

heirs. In the absence of any Class-I legal heirs, the petitioners have filed this

petition seeking Letters of Administration to the annexed properties and

credits of deceased T.S.Balaraman.

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

following documents:

Exhibits

Documents

P1

Photocopy of the release deed dated 07.08.2012 executed in

favour of T.S.Balaraman

P2

Photocopy of the sale deed dated 12.12.2013 executed in

favour of Ayswarya Infrastructure

P3

Computer generated legal heir certificate of T.S.Balaraman

P4

Photocopy of the Indian Bank fixed deposit bearing

A/c.No.6191215877 in respect of T.S.Balaraman

P5

Photocopy of the consolidated De mate Accounts Statement

as on 30.11.2017 in respect of T.S.balaraman

P6

Affidavit showing the net value of estate as Rs.1,57,68,211/-

P7

Copy of the paper publication effected in one issue of Tamil

daily “Makkal Kural” dated 24.12.2019

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O.P.No.277 of 2019

Exhibits

Documents

P8

Copy of the paper publication effected in one issue of English

daily “Trinity Mirror” dated 31.12.2019.

4. 1/3^rd of the immovable properties classified under Schedule 'B' is

said to have been purchased by G.S.Balaraman by virtue of a sale deed

dated 19.09.1988. It was a joint sale deed through which the 2/3^rd share have

purchased by one K.Rajagopalan and R.Bhavani and they have released

their 2/3^rd share in favour of T.S.Balaraman by virtue of a sale deed dated

07.08.2012 and out of which T.S.Balaraman has sold a portion of the said

property in favour of Ayswarya Infrastructure through a sale deed dated

12.12.2013. The release deeds and the sale deeds have been marked as

Ex.P1 and P2 and the death certificate of T.S.Balaraman is marked as

Ex.P3. The said T.S.Balaraman had fixed deposits with Indian Bank which

is marked as Ex.P4. He had also held shares in certain companies and the

consolidated Demat accounts is produced as Ex.P5.

5. Paper Publication effected in one issue of Tamil daily “Makkal

Kural” on 24.12.2019 and in one issue of English daily “Trinity Mirror” on

31.12.2019 did not attract any objectors.

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O.P.No.277 of 2019

6. Since the petitioners are the Class-II legal heirs of the deceased

T.S.Balaraman and the deceased died intestate, they are entitled for grant of

Letters of Administration for the properties annexed thereto in the schedule.

7. Hence, this Original Petition is allowed by granting Letters of

Administration to the petitioners with the properties and credits of the

deceas