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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

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