O.P.No.69 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

O.P.No.69 of 2022

Smt.Srikanta Jhaver

... Petitioner

Vs

1.Mr.Parikshith Jhaver

2.Mr.Kapil Jhaver

3.Mrs.Pooja Bagri

… Respondents

PRAYER: Original Petition filed for Letters of Administration under

Sections 232 and 276 of Indian Succession Act 1925 under Order XXV

Rule 5 of Original Side Rules for grant of Letters of Administration in

respect of all of the assets, properties and credits of the deceased late

Sri.Hari Krishna Jhaver having effect throughout the whole of the Union of

India and to the extent of his investments abroad to the petitioner.

For Petitioner

: Mr.T.Poornam

For Respondents

: Mr.S.Raghunathan for RR1 &2

ORDER

This Original Petition has been filed for issuance of Letters of

Administration in respect of the assets, properties and credits held by Hari

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O.P.No.69 of 2022

Krishna Jhaver, who died intestate on 22.09.2019. The petitioner is the wife,

respondents 1 and 2 are the sons and respondent 3 is the daughter of the

deceased Hari Krishna Jhaver. The petitioner seeks issuance of Letters of

Administration in respect of the properties situated within the jurisdiction of

this Court.

2. The petitioner's power agent (Bajarangal Damani) has been

examined as P.W.1. He has produced the death certificate of the deceased

Hari Krishna Jhaver, as Ex.P1, and the legal heirship certificate of the

deceased Hari Krishna Jhaver as Ex.P2. A perusal of Ex.P2 shows that the

petitioner and respondents are the Class-I legal heirs. The respondents 1 to

3 had expressed their consent to grant Letters of Administration in favour of

the petitioner and their consent affidavits are marked as Exs.P16 to P18. A

paper publication has been made and objections have not been received.

3. In view of the above, this Original Petition is ordered and Letters

of Administration is granted in favour of the petitioner in respect of the

assets, properties and credits held by Hari Krishna Jhaver. 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

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O.P.No.69 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.

06.04.2023

pbn

Index :Yes/No

Speaking: Yes/ No

Neutral Citation: Yes/No

Petitioner's witness:

P.W.1 —Mr.Bajaranglal Damani

Documents exhibited by the petitioners:

Exhibits

Documents

Ex.P1

Computer generated death certificate of Hari Krishna Jhaver

Ex.P2

Computer generated legal heirship certificate of Hari Krishna

Jhaver

Ex.P3

Online copy of the guideline value of the property

Ex.P4

Photocopy of the sale deed dated 11.03.1964 executed in

favour of Hari Krishna Jhaver, which was registered as

Doc.No.830 of 1964, before the SRO, Sembium

Ex.P5

Photocopy of the sale deed dated 14.12.1964, executed in

favour of Hari Krishna Jhaver which was registered as

Doc.No.4803 of 1964 before the SRO, Sembium

Ex.P6

Photocopy of the sale deed dated 14.12.1964 executed in

favour of Hari Krishna Jhaver which was registered as

Doc.No.4804 of 1964, before the SRO, Sembium

Ex.P7

Photocopy of the sale deed dated 14.12.1964 executed in

favour of Hari Krishna Jhaver which was registered as

Doc.No.4805 of 1964, before the SRO, Sembium

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O.P.No.69 of 2022

Exhibits

Documents

Ex.P8

Property of the Sale Deed dated 05.09.2001 executed in favour

of Manmohan Trading Co., represented by its proprietor

Mr.Hari Krishna Jhaver which was registered as Doc.No.4517

of 2001 before the SRO, Red Hills

Ex.P9

Photocopy of the patta bearing No.165, standing in the name

of Mr.H