(Prayer: To grant the Petitioner permission to transfer the Property namely land and building bearing Door No.386, East Main Road, Anna Nagar Western Extension, Thirumangalam, Chennai 600 101, in extent One Ground and 2240 sq.ft comprised in S.No.149/1, Part and 150/1 Part, Now S.No.150/1A Part, TS.No.105, Block No.40, Villivakkam Village, AminjiKkarai Taluk, Chennai District, in favor of third parties in O.P.No.783 of 2023.)

1. This application has been filed by the applicants seeking permission of this Court to transfer the land and building bearing Door No.386, East Main Road, Anna Nagar Western Extension, Thirumangalam, Chennai – 600 101, measuring one ground and 2240 sq.ft., comprised in S.Nos.149/1 Part and 150/1 Part, now S.No.150/1A Part, T.S.No.105, Block No.40, Villivakkam Village, Aminjikarai Taluk, Chennai District, in favour of third parties.

2. The applicants, are the brothers and sisters of late A. Veerasekar, the father of the deceased A. Arun Kumar, and are therefore his paternal uncles and aunts. The deceased was the only son of A. Veerasekar and A. Rajalakshmi. The deceased had been married to Jeevan Lakshmi, but the marriage stood dissolved and there were no children born through the wedlock.

3. The petitioners had pleaded in O.P.No.783 of 2023 that the deceased died intestate on 08.06.2022; that his parents had predeceased him; that he left no natural or adopted children and consequently no Class I heir; and that the petitioners, being the brothers and sisters of his father, fell under Class II of the Schedule to Section 8 of the Hindu Succession Act and were the only surviving heirs of the deceased. They accordingly claimed that the schedule properties devolved upon them on the death of A. Arun Kumar.

4. O.P.No.783 of 2023 was thereafter allowed by order dated 30.04.2024, and Letters of Administration were directed to be issued in favour of all the applicant/petitioners and directs them to duly administer the properties and credits of the deceased and render true and correct accounts.

5. According to the applicants, the subject property had been mortgaged by the deceased and his father and there was default in servicing the loan. It is, however, stated that the applicants have since discharged the debt and cleared the property of the encumbrance. They further state that they are advanced in age, are residing in different places and find it difficult to maintain and protect the property. They therefore propose to liquidate the property and seek permission of this Court for the proposed transfer.

6. Heard the learned counsel for the applicants and perused the materials available on record. The question that arises is whether, after grant of Letters of Administration, an application seeking permission of the Testamentary Court to sell or transfer a property forming part of the estate is maintainable.

7. In the present case, apart from being the administrators under the grant, the applicants claim themselves to be the only surviving heirs of the deceased and the persons beneficially entitled to the estate. Thus, according to their case, the persons administering the estate and the persons claiming beneficial entitlement thereto are the very same persons.

8. Once Letters of Administration have been granted, the Original Petition stands concluded. The administrators thereafter derive their authority under the Indian Succession Act, 1925 and are required to administer the estate in accordance with law. The Testamentary Court does not retain a continuing supervisory jurisdiction over the estate or its distribution, except to the extent specifically provided under the Act.

9. Section 307 of the Indian Succession Act, 1925 deals with the power of an executor or administrator to dispose of the property of the deceased in the course of administration of the estate. Such power is to be exercised for purposes connected with administration, including discharge of the debts, liabilities and other obligations of the deceased. The grant of Letters of Administration does not, by itself, result in the Testamentary Court continuing to supervise every subsequent dealing with the estate property.

10. In the circumstances, the present application seeking permission of this Court to transfer the estate property, after grant of Letters of Administration, falls outside the scope of the continuing testamentary jurisdiction of this Court.

11. Accordingly, A.No.3364 of 2026 is dismissed as not maintainable. No costs.