O.P.No.219 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.04.2025 CORAM THE HONOURABLE MR.JUSTICE K.KUMARESH BABU O.P.No.219 of 2024 A.Saikarthik …Petitioner vs. V.Vardhini ...Respondent PRAYER: Original Petition filed under Section 218 & 278 of Indian Succession Act under Order XXV Rule 5 of O.S. Rules, prays that Letters of Administration may be granted to the petitioner being the son of the said deceased to the property and credits, having effect limited to the State of Tamil Nadu. For Petitioner : M/s.K.Subhashini For Respondent : No appearance ORDER This Original Petition has been filed for issuance of Letters of Administration in respect of the properties of lateMr.Amarnath, who died intestate on 07.06.2013. The petitioner submits that he is the only son of the testator, whereas the respondent was the former wife of the testator. The testator and the respondent got married on 19.10.1995 and had begotten the 1/6 https://www.mhc.tn.gov.in/judis O.P.No.219 of 2024 petitioner as their only son in the duration of their marriage. He further submits that the marriage between the testator and the respondent got dissolved by the decree of divorce in F.C.O.P.No.2581/2011 on 09.02.2012, therefore leaving behind only the petitioner as the legal heir of the testator. The property mentioned in the schedule belongs to Late.Lakshmi Anand the mother of the testator, who executed the settlement deed dated 23.02.2012 infavour of the testator. The testator died intestate on 07.06.2013 and the mother of the testator also died intestate on 28.02.2020. The petitioner further states that he is the only surviving legal of the testator. The petitioner seeks issuance of Letters of Administration in respect of the properties mentioned in the petition, which is situated within the jurisdiction of this court. 2. The petitioner has been examined as PW1. He has produced the computer generated death certificates of the testator and the mother of the testator Late.Mrs.Lakshmi Anand as Ex.P8 and Ex.P11. The photocopy of the divorce decree of the testator and the respondent in F.C.O.P.No.2581 of 2011 of order dated 09.02.2012 has been marked as Ex.P4. The photocopy of the Settlement deed dated 23.02.2012 executed in favour of the testator has been marked Ex.P5. The photocopy of the birth certificate of the petitioner is 2/6 https://www.mhc.tn.gov.in/judis O.P.No.219 of 2024 marked as Ex.P2. The perusal of Ex.P2, shows that the petitioner is the son of the testator. From the Ex.P5 it can be deduced that the property mentioned in the schedule belongs to the testator. The Aadhar card compared with the original and affidavit of assets of the petitioner as Ex.P17 and Ex.P20. The notice has been served to the respondent and the respondent has filed a consent affidavit expressing her consent to grant the letter of administration in favour of the petitioner. The paper publications have been made which are marked as Ex.P22 and Ex.P23 and any objections have not been received. 3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief. 4. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioner, in respect of the properties mentioned in the petition of the Late.Mr.Amarnath. 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 (Original Side) of this Court. The petitioners are further directed to file an inventory of assets and statement of accounts within a period of six months 3/6 https://www.mhc.tn.gov.in/judis O.P.No.219 of 2024 and one year, respectively. 08.04.2025 kak Index :Yes/No Petitioner's witness: P.W.1 – Mr.A.Saikarthik Documents exhibited by the petitioners: Exhibits Documents Ex.P1 Photocopy of the extract of marriage registration certificate of Mr.K.Amarnath and Mrs.V.Vardhini (Compared with original) Ex.P2 Photocopy of birth certificate. (Compared with original) Ex.P3 Computer generated death certificate of Mr.T.P.Karunanandan. Ex.P4 Photocopy of the order dated 09.02.2012 in F.C.O.P.No.2581 of 2011 passed by the Principal Family Court, Chennai (Compared with original) Ex.P5 Photocopy of the settlement deed dated 23.02.2012 executed by Mrs.Lakshmi Anand in favour of Mr.K.Amarnath.(Witness states that the original settlement deed was lost during transit and complaint had been lodged) Ex.P6 Photocopy of the non traceable certificate in respect of Ex.P5 dated 20.01.2025 issued by the Inspector of Police, Nagore Circle (Compared with original) Ex.P7 Photocopy of SSLC marksheet (Compared with original) Ex.P8 Computer generated death certificate of Mr.K.Amarnath. Ex.P9 Photocopy of the burial ground report of Mr.K.Amarnath (Compared with original) 4/6 https://www.mhc.tn.gov.in/judis O.P.No.219 of 2024 Ex.P10 Photocopy of the Ration Card of Mrs.Vardhini Amarnath (Compared with original) Ex.P11 Computer generated death certificate of Mrs.Lakshmi Anand. Ex.P12 Photocopy of the driving licence of Mrs.V.Vardhini (Compared with original) Ex.P13 Photocopy of driving licence (Compared with original) Ex.P14 Photocopy of the PAN card of Mrs.Vardhini (Compared with original) Ex.P15 Photocopy of PAN Card (Compared with original) Ex.P16 Photocopy of the Aadhar card of Mrs.Vardhini VMC Varadhapillai (Compared with original) Ex.P17 Photocopy of Aadhar card (Compared with original) Ex.P18 Photocopy of the Voter ID card of Mrs.Vardhini (Compared with original) Ex.P19 Photocopy of Voter ID card (Compared with original) Ex.P20 Affidavit of assets showing the net value of the estate as Rs.76,55,778/- Ex.P21 Certificate under Section 65 B of the Indian Evidence Act, 1872. Ex.P22 Copy of paper publication effected in one issue of Tamil Daily “Makkal Kural” dated 09.11.2024. Ex.P23 Copy of the paper publication effected in one issue of English Daily “Trinity Mirror dated 17.11.2024. 08.04.2025 kak K.KUMARESH BABU, J. 5/6 https://www.mhc.tn.gov.in/judis O.P.No.219 of 2024 kak O.P.No.219 of 2024 08.04.2025 6/6 https://www.mhc.tn.gov.in/judis