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2018 DIGILAW 4116 (MAD)

. v. .

2018-11-02

P.D.AUDIKESAVALU

body2018
JUDGMENT : This Petition has been filed under Sections 232 and 276 of the Indian Succession Act, 1925, read with Order XXV, Rule 5 of the Madras High Court Original Side Rules, 1956, to grant Letters of Administration in favour of the Petitioners to the properties and credits of the deceased Dr. N. Sivarajan. 2. Heard the Learned Counsel for the Petitioners. 3. In the Petition, it is stated as follows:- (I) The First Petitioner is the son, the Second Petitioner is the wife and the Third Petitioner is the daughter of the deceased Dr. N. Sivarajan, who died intestate at Chennai on 01.01.2007 and that due and diligent search has been made for a Will, but none has been found. (ii) The deceased ordinarily resided at No. 955, 13th Main Road, Anna Nagar (West), Chennai – 600 040, and left the property specified in the Schedule to the Petition, within the jurisdiction of this Court. (iii) The value of the assets which are likely to come to the Petitioner's hand does not exceed in the aggregate the sum of Rs.4,48,14,000/- (Rupees Four Crores Forty Eight Lakhs Fourteen Thousand only) and that the amount of the said asset after deducting all the items for which the Petitioner is by law allowed to deduct is only of the value of Rs.4,48,14,000/- (Rupees Four Crores Forty Eight Lakhs Fourteen Thousand only). (iv) No application has been made to any District Court or delegate or to any High Court for Probate or Letters of Administration with or without Will annexed thereto. (v) The Petitioners have impleaded all the next of kin and other persons interested as Petitioners and left no other relations. (vi) The Petitioners undertakes to duly administer the property and credits of the deceased Dr. N. Sivarajan in any way concerning the Will by paying first his debts and then the legacies therein bequeathed so far as the assets will extend and to make a full and true inventory thereof to the Court within six months from the date of grant of Letters of Administration with the Will annexed, to the Petitioner and also to render to this Court a true account of the said property and credits within one year from the said date. 4. At the time of his death, the deceased Dr. 4. At the time of his death, the deceased Dr. N. Sivarajan left the following heirs :- S. No. Name and Address Age (as on 17.04.2007) Status Relationship 1. Dr. C.T. Santhana Lakshmi 69 years Second Petitioner Wife 2. Dr. S. Sivasubramanian 39 years First Petitioner Son 3. Dr. S. Sivakumari 34 years Third Petitioner Daughter The First Petitioner also filed an affidavit stating that except the Petitioners, there are no other legal heirs to the deceased Dr. N. Sivarajan. 5. The First Petitioner examined himself as P.W.1 before the Master of this Court on 24.07.2018 and filed proof affidavit and marked the following documents:- S. No. Exhibits Documents 1 Ex. P-1 Original Death Certificate of his deceased father Dr. N. Sivarajan, who died on 01.01.2007. 2 Ex. P-2 Original Legal Heirship Certificate dated 17.04.2007 in respect of his deceased father Dr. N. Sivarajan. 3 Ex. P-3 Photocopy of Aadhaar Card of First Petitioner bearing No.9318 1776 3021. (Marked after comparing and verifying with the original) 4 Ex. P-4 Photocopy of the Sale Deed dated 29.07.1987 executed by the Executive Engineer and Administrative Officer, Tamilnadu Housing Board, in favour of his deceased father Dr. N. Sivarajan. (Marked after comparing and verifying with the original) 5 Ex. P-5 Original Share Certificate bearing certificate No. 18850 standing in the name of his deceased father Dr. N. Sivarajan, issued by Hatsun Agro Product Limited. 6 Ex. P-6 Original Share Certificate bearing certificate No. 18849 standing in the name of his deceased father Dr. N. Sivarajan, issued by Hatsun Agro Product Limited. 7 Ex. P-7 Original Share Certificate bearing certificate No. 1006 standing in the name of his deceased father Dr. N. Sivarajan, issued by Hatsun Agro Product Limited. 8 Ex. P-8 Original Share Certificate bearing certificate No. 2472 standing in the name of his deceased father Dr. N. Sivarajan, issued by Hatsun Agro Product Limited. 9 Ex. P-9 Original Share Certificate bearing certificate No. 3383 standing in the name of his deceased father Dr. N. Sivarajan, issued by Hatsun Agro Product Limited. 10 Ex. P-10 Affidavit of Assets dated 11.10.2017 showing the net value of the estate as Rs.4,48,14,000/- 11 Ex. P-11 Copy of paper publication effected in one issue of English daily “DT Next” dated 27.02.2018. 12 Ex. P-12 Copy of paper publication effected in one issue of Tamil daily “Dhinakaran” dated 10.03.2018. 6. The Second Petitioner Dr. 10 Ex. P-10 Affidavit of Assets dated 11.10.2017 showing the net value of the estate as Rs.4,48,14,000/- 11 Ex. P-11 Copy of paper publication effected in one issue of English daily “DT Next” dated 27.02.2018. 12 Ex. P-12 Copy of paper publication effected in one issue of Tamil daily “Dhinakaran” dated 10.03.2018. 6. The Second Petitioner Dr. C. Santhana Lakshmi and the Third Petitioner Dr. S. Sivakumari were examined as P.W.2 and P.W.3 respectively, and they have filed proof affidavits in which they have stated that they have no objection and given their full and free consent for grant of Letters of Administration to the First Petitioner. The Aadhaar Card of the Second Petitioner (P.W.2) bearing No. 4407 2058 7769 was marked as Ex. P-13 and the Aadhaar Card of the Third Petitioner (P.W.3) bearing No. 4127 5917 4879 was marked as Ex. P-14, to prove their identity at the time of their examination as witnesses. 7. On a perusal of the contents of the Petition corroborated by the aforesaid documents marked and depositions of P.W.1 to P.W.3, and in the absence of any contra evidence, it has been proved that the First Petitioner viz., Dr. S. Siva Subramanian is entitled to be granted Letters of Administration of the property and the credits of the deceased Dr. N. Sivarajan, on behalf of the Second and Third Petitioners, besides himself. As reiterated by the Honourable Supreme Court of India in Basanti Devi vs. Raviprakash Ramprasad Jaiswal [ (2008) 1 SCC 267 ], it is made clear that the Court in probate proceedings is not concerned with the question of title of the property of the Testator and no adjudication has been made in that regard in the order. 8. Accordingly, the First Petitioner shall duly administer the properties and credits of the deceased more fully described in the Schedule annexed to the Petition. The First Petitioner is 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 by 31st March of every year. 9. The Original Petition is ordered on the aforesaid terms.