IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 Test.Cas.No. 1 of 2010(R) ------------------------------------- PETITIONER: ---------------------- ANANDAVALLY,AGED 68 YEARS, W/O.LATE SRI. ASOKAN, RESIDING AT SUNIL NIVAS, KOOTTIKKADA POST, THATTAMALA, KOLLAM. BY ADVS. SRI.P.B.SURESH KUMAR, SRI.K.P.SUJESH KUMAR RESPONDENT(S): --------------------------- NIL THIS TESTAMENTARY CASES HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss HARUN-UL-RASHID, J. ------------------------ Test Case No.1 Of 2010 ---------------------- Dated this the 10th day of February, 2011. O R D E R The application for letters of administration of the credits of Sri.Asokan is filed under Sections 218 & 219 of the Indian Succession Act. The petitioner is the wife of late Sri.Asokan, Sunil Nivas, koottikkada Post, Thattamala, Kollam. The petitioner and her four children are the legal representatives of the deceased and are entitled to inherit the assets of the deceased. The address of the said four children are mentioned in paragraph 4 of the application. The petitioner is entitled to 1/5th share of the assets of the deceased. All the other legal representatives issued consent for granting letters of administration in the name of the petitioner in respect of the assets of the deceased and it is stated therein that they have no objection in issuing letters of administration to the petitioner. 2. Schedule (I) attached to the application is the description of the property and credits which the deceased possessed of at the time of his death. Schedule (II) is the items, according to the petitioner by law, she is allowed to deduct. ::2:: Test Case No.1 Of 2010 3. Petitioner and her four children originally approached the District Court, Kollam for the very same relief. The court returned the application for re-presentation before the proper forum as the application is not maintainable before that court. 4. When the case came up for consideration on 1.11.2010 this Court directed the petitioner to take out notice of the above case in a daily having circulation in Kollam District wherein the petitioner's late husband resided permanently. The order was passed finding that there are no respondents in the application. Accordingly, paper publication was made. Nobody entered appearance and contested the case. 5. Sri.Asokan died intestate on 27.7.1997 at P.V.S.M.Hospital, Kaloor, Ernakulam, leaving behind the petitioner and their 4 children. The legal heirs of the deceased are entitled to succeed to the estate belonging to the deceased. It is pleaded that no application has been made before any other court for letters of administration. The petitioner also produced Annexures 1 to 11 documents in support of her case for grant of letters of administration. Taking into account the pleadings in ::3:: Test Case No.1 Of 2010 the case, the declaration made by the petitioner and the documents produced as Annexures 1 to 11, I am of the view that the petitioner is entitled to the relief as prayed for in the testamentary case. In the result, the testamentary case is allowed. Letters of administration is ordered to be issued in accordance with law. Schedules (I) & (II) shall be appended to the order. The petitioner is at liberty to apply for return of the documents produced as annexures. HARUN-UL-RASHID, Judge. bkn/-