logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 MHC 2803 print Preview print print
Court : High Court of Judicature at Madras
Case No : OP. No. 553 of 2025
Judges: THE HONOURABLE DR.(MRS.) JUSTICE A.D. MARIA CLETE
Parties : Baby Ramakrishnan & Others Versus Respondent
Appearing Advocates : For the Petitioners: M/s. S. Surekha, Advocate. For the Respondents: -----.
Date of Judgment : 06-04-2026
Head Note :-
Indian Succession Act - Section 218 -
Judgment :-

(Prayer: Original Petition has been filed under Section 218 and 278 of the Indian Succession Act 1925 read with Order XXV Rule 5 of O.S.Rules praying that the Letters of Administration to the property and the credits of deceased to have effect throughout the whole State of Tamil Nadu may be granted to them. Gross amount of Rs.68,88,000/- and Net amount of Rs.68,88,000/- Suc.duty of Rs.25,000/- paid on 30.10.2025 by e-C/F D.No.41352/2025.)

1. This Original Petition has been filed for grant of Letters of Administration in respect of the estate of late R.Perumal Naidu, who died intestate on 20.01.1985 at Chennai, within the jurisdiction of this Court. The petitioners are the daughter-in-law and grandchildren of the deceased through his son Ramakrishnan.

2. The case of the petitioners, is that the deceased R.Perumal Naidu had purchased the subject properties under sale deed dated 15.07.1951 and died intestate leaving behind his wife P.Rupavathiammal, daughter P.Chellammal, and son P.Ramakrishnan as his legal heirs. Thereafter P.Rupavathy Ammal died intestate on 30.01.2016, P.Chellammal died intestate on 14.08.2016 without issues, and P.Ramakrishnan died on 10.09.2023 leaving behind the present petitioners as his legal heirs.

3. The petitioners have specifically relied upon Section 15(2) of the Hindu Succession Act to state that on the death of Chellammal without issues her husband predeceased her as early 1970 , the interest inherited by her from her father devolved upon the heirs of her father.

4. The petitioners state that Letters of Administration are required to remove the cloud over title and to complete dealings relating to the estate.

5. Publication was effected in “Trinity Mirror” dated 13.01.2026 and “Makkal Kural” dated 20.01.2026. The affidavit of service was filed, the learned Master recorded that service had been completed, and that no objection had been raised pursuant to the publication.

6. On 26.02.2026 the petitioner was examined as P.W.1 and Exs.P1 to P13 were marked, and the evidence was closed.

7. The death certificate and legal heirship certificate of the deceased were marked as Exs.P2 and P3. The documents relating to the deaths and legal heirship of Ramakrishnan were marked as Exs.P4 to P6.

8. The estate in question consists of immovable properties at Arasankazhani Village, Tambaram Taluk, Chengalpattu District, namely land in S.No.90/4B and S.No.74/3. The original title deed dated 15.07.1951 was marked as Ex.P1. The patta standing in the name of the deceased and the later patta/proceedings in favour of the petitioners were marked as Exs.P7 to P9. The affidavit of assets values the estate at Rs.68,88,000/-, comprising Rs.45,78,000/- for Item No.1 and Rs.23,10,000/- for Item No.2. The Collector’s notice also proceeds on the gross and net value of Rs.68,88,000/-.

9. The evidence also shows that one extent of 5 cents in S.No.90/4B was sold under sale deed dated 19.05.2025 in favour of M/s. Pearl Constructions Chennai Private Limited, marked as Ex.P10.

10. On the basis of the oral and documentary evidence, this Court is satisfied that late R.Perumal Naidu died intestate; the petitioners are persons entitled to represent the estate through the line of succession pleaded by them; the estate has been sufficiently described and valued; and there is no caveat or contest.

11. In the result, this Original Petition is allowed. Letters of Administration shall issue in favour of the petitioners 1 to 4 in respect of the estate of late R.Perumal Naidu, to have effect throughout the State of Tamil Nadu; The petitioners are directed to execute a security bond for a sum of Rs.25,000/ (Rupees Twenty five Thousand only) each in the name of the Assistant Registrar (Original Side) of this Court.

12. The petitioners shall file a full and true inventory of the estate within six months from the date of receipt of the Letters of Administration and shall render a true and proper account within one year thereafter.

 
  CDJLawJournal