2023 Supreme(Online)(Mad) 91004
MADRAS HIGH COURT
T.R.Padmanabhan and 3 Others – Appellant
Versus
No Respondent – Respondent
OP 424 2023
1
O.P. No.424 of 2023
N.SATHISH KUMAR, J.
This Petition has been filed under Sections 218 and 278 of the Indian
Succession Act read with Order XXV Rule 5 of the Original Side Rules,
seeking to grant of Letters of Administration.
2. This petition has been filed for grant of Letters Administration in
respect of the estate of one T.A.Raman. The petitioners are the cousin
brothers of the deceased. The deceased T.A.Raman died on 07.07.2022
intestate and issues were born to him. The petitioners are the Class-II legal
heirs of the deceased. The petitioners 2 to 4 have given consent for grant of
Letters of Administration in favour of the first petitioner. The deceased
died intestate and though due and diligent search has been made for a Will,
nothing has been found. The amount of assets which is likely to come to the
petitioners hands does not exceed in the aggregate sum of Rs.75,30,758.10/-
and the net amount of the said assets after deducting all the items, which the
petitioners are by law allowed to deduct is only of the value of
Rs.75,30,758.10/-. The petitioners undertakes to duly administer the
https://www.mhc.tn.gov.in/judis
2
property and credits of the deceased T.A.Raman 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.
3. The first petitioner has been examined as P.W.1. P.W.1 in his
evidence had narrated the averments made in the petition stating that the
petitioners have filed this petition for grant of Letters of Administration in
favour of the first petitioner in respect of the estate of the deceased
T.A.Raman. Ex.P.7 is the copy of the death certificate of T.A.Raman.
Ex.P.7 has been filed to prove that the testator T.A.Raman died on
07.07.2022. Ex.P.8 is the photocopy of the Aadhar card of T.A.Raman.
Exs.P.18 & P.19 are the photocopy of the passbook of the deceased. Ex.P20
is the affidavit of assets showing the net value of the estate as
Rs.75,10,758/-. Exs.P.21 & P.22 are the paper publications, but none have
objected for the same.
https://www.mhc.tn.gov.in/judis
3
4. In view of the above facts, I am of the view that the petitioners
have proved their claim and hence, the first petitioner is entitled for the
issuance of Letters of Administration in his favour.
5. Accordingly, this petition is allowed. Issue Letters of
Administration in favour of the first petitioner. The first petitioner is
directed to duly administer the properties and credits of the deceased more
fully described in the schedule. The first petitioner is 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 first petitioner is further directed to render true and correct
accounts once in a year.
18.10.2023
dhk
https://www.mhc.tn.gov.in/judis
4
N.SATHISH KUMAR, J.
dhk
O.P. No.424 of 2023
18.10.2023
https://www.mhc.tn.gov.in/judis