O.P.No.383 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.02.2025 CORAM THE HONOURABLE MR.JUSTICE K.KUMARESH BABU O.P.No.383 of 2023 1.Cynthia Lilian Ignatius 2.Mr.Richard Mervyn Mulley ... Petitioners vs. 1.Mrs.Mary Uretta Mulley 2.Mrs.Donella Lilian Beare 3.Mrs.Beverly Ida Mulley … Respondents PRAYER: Original Petition filed for Letters of Administration under Sections 218 and 278 of Indian Succession Act 1925, ACT 1925 read with Order XXV Rule 5 of the Madras High Court Original Side Rules, 1956 to grant Letters of Administration to the petitioners in respect of the properties described in the Schedule hereto, limited to Tamilnadu. For Petitioner : M/s.Sukumar Nainan Oommen For Respondents : Set exparte ORDER This Original Petition has been filed for issuance of Letters of Administration in respect of the properties of late Dr.Elizabeth A. Schram 1/6 https://www.mhc.tn.gov.in/judis O.P.No.383 of 2023 Mulley, who died intestate on 18.12.2019. The petitioners are siblings of the deceased and respondents are the wife and daughters of the predeceased brother of the deceased. The late.Dr.Elizabeth A. Schram Mulley married twice, her husbands’ predeceased her and no issues out of both wedlocks’. The petitioners and respondents are the only surviving legal heirs. The petitioners seek 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 first petitioner has been examined as PW1. She has produced the death certificate of the deceased as Ex.P1. The PAN copy of the deceased has been marked as Ex.P2. The PAN copy of the first petitioner has been marked as Ex.P4. The Overseas citizen of India of the second petitioner has been marked as Ex.P7. On perusal of Ex.P2, Ex.P4 and Ex. P7 shows that the name of the father of deceased and petitioners are one and the same i.e. Mr.B.H.Mulley, which establishes the relationship between the deceased and the petitioners. A paper publication has been made and any objections have not been received. The respondents inspite of service of notice have remained absent and kept themselves away from this proceedings and set exparte on 27.09.2024. 2/6 https://www.mhc.tn.gov.in/judis O.P.No.383 of 2023 3. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioners, in respect of the properties mentioned in the petition of the late Dr.Elizabeth A. Schram Mulley. The petitioners are 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 and one year, respectively. 05.02.2025 Gba Index :Yes/No Speaking: Yes/ No Neutral Citation: Yes/No Petitioner's witness: P.W.1 —Mrs.Cynthia Lilian Ignatius 3/6 https://www.mhc.tn.gov.in/judis O.P.No.383 of 2023 Documents exhibited by the petitioners: Exhibits Documents Ex.P1 Computer generated death certificate of Mrs.Elizabeth A Schram Mulley Ex.P2 Photocopy of the Pan Card of Mrs.Elizabeth A Schram Mulley (Compared with the original) Ex.P3 Photocopy of PW-1's Aadhaar Card (Compared with the original) Ex.P4 Photocopy of PW-1's Pan Card (Compared with the original) Ex.P5 Photocopy of the birth certificate of the second petitioner (Compared with the original) Ex.P6 Photocopy of the passport of the second petitioner (Compared with the original) Ex.P7 Photocopy of the certificate of registration bearing No.A1159311 showing the second petitioner as Overseas Citizen of India (Compared with the original) Ex.P8 Computer generated statement of account of the Federal Bank for the period 08.02.2023 to 09.02.2023 in respect of the account standing in the name of the second petitioner of Mr.Richard Mervyn Mulley. Ex.P9 Computer generated statement of HSBC for the period 02.08.2021 to 01.11.2021 in respect of account held by the second petitioner of Mr.Richard Mervyn Mulley Ex.P10 Computer generated income tax returns for the year 30.06.2016 of the second petitioner of Mr.Richard Mervyn Mulley. Ex.P11 Photocopy of the sale deed dated 03.10.2000, executed in favour of Dr.Elizabeth A Schram Mulley (Compared with the original) Ex.P12 Photocopy of the sale deed dated 29.08.1981 executed in favour of Dr.Elizabeth A Schram (Nee Mulley) (Compared with the original) Ex.P13 Computer generated statement of account for the period 4/6 https://www.mhc.tn.gov.in/judis O.P.No.383 of 2023 Exhibits Documents 02.01.2023 to 01.02.2023 of HDFC Bank, Anna Nagar 5th Avenue branch in respect of account held by Mrs.Elizabeth A Schram Mulley. Ex.P14 Affidavit of assets showing the net value of the estate as Rs.32,51,67,500/- Ex.P15 Copy of the paper publication effected in one issue of English Daily “The Australian” dated 13.03.2024. Ex.P16 Certificate under Section 65B of the Indian Evidence Act, 1872 Ex.P.17 Certified copy of the sale deed dated 21.09.2000, executed in favour of Dr.Elizabeth A Schram Mulley (as per the order dated 29.11.2024 passed in A.No.5987/2024, the aforesaid certified copy of the sale deed is marked as secondary evidence subject to its proof and relevancy. Ex.P.18 Certified copy of the sale deed dated 23.10.2007 executed in favour of Dr.Elizabeth A Schram Mulley (as per the order dated 29.11.2024 passed in A.No.5987/2024, the aforesaid certified copy of the sale deed is marked as secondary evidence subject to its proof and relevancy) Ex.P.19 Certified copy of the sale deed dated 09.05.2002 executed in favour of Dr.Elizabeth A Schram Mulley (as per the order dated 29.11.2024 passed in A.No.5987/2024, the aforesaid certified copy of the reconveyance deed is marked as secondary evidence subject to its proof and relevancy). 06.02.2025 Gba 5/6 https://www.mhc.tn.gov.in/judis O.P.No.383 of 2023 K.KUMARESH BABU,J. Gba O.P.No.383 of 2023 06.02.2025 6/6 https://www.mhc.tn.gov.in/judis