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Petition (81022)

Smt. Selvi Selvaraj Nadar has filed a petition in the High Court of Bombay for Letters of Administration without a Will for the estate of her deceased husband, Velu Suyambu Selvaraj Nadar, who died intestate on July 22, 2017. The petition includes details of the deceased's assets, the consent of their two daughters, and the legal basis for the petition under the Hindu Succession Act. The petitioner seeks to administer the estate and transfer the assets in her name, asserting her entitlement as the surviving legal heir.

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Kabir Khan
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0% found this document useful (0 votes)
17 views19 pages

Petition (81022)

Smt. Selvi Selvaraj Nadar has filed a petition in the High Court of Bombay for Letters of Administration without a Will for the estate of her deceased husband, Velu Suyambu Selvaraj Nadar, who died intestate on July 22, 2017. The petition includes details of the deceased's assets, the consent of their two daughters, and the legal basis for the petition under the Hindu Succession Act. The petitioner seeks to administer the estate and transfer the assets in her name, asserting her entitlement as the surviving legal heir.

Uploaded by

Kabir Khan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION


PETITION NO. ______ OF 2022

Petition for Letters of Administration


without Will to the Property and Credits
of VELU SUYAMBU SELVARAJ NADAR,
Hindu, Indian Inhabitant of Mumbai,
who was residing at the time of his death
at Flat No. 56, 5th Floor, Lourdes
Apartment CHS Ltd., Opp. Orlem Church,
Gautam Buddha Marg, Orlem, Malad-
West, Mumbai-400064.
… Deceased

SMT. SELVI SELVARAJ NADAR ]


Age 48 years, Adult, Indian Inhabitant ]
of Mumbai, Occu: Housewife, residing at ]
Flat No. 56, 5th Floor, Lourdes Apartment ]
Co-operative Housing Society Limited, ]
Opp. Orlem Church, Gautam Buddha Marg, ]
Orlem, Malad-West, Mumbai-400064. ]
Wife of the Deceased. ] … Petitioner

TO:

THE HON’BLE CHIEF JUSTICE AND THE


OTHER HON’BLE JUDGES OF THE HIGH
COUT OF JUDICATURE AT BOMBAY
THE HUMBLE PETITION OF THE
PETITIONER ABOVENAMED

MOST RESPECTFULLY SHEWETH:

1. That the abovenamed deceased, VELU SUYAMBU


SELVARAJ NADAR, who died at Mumbai, on 22 nd July, 2017.
Hereto annexed and marked “Exhibit-A” is a true copy of Death
Certificate of the deceased and also Hereto annexed and marked
“Exhibit-B-Colly.” is a true copy of Aadhaar Card and Pan Card
as an identity and residential proof of the deceased abovenamed.

2. That the said deceased at the time of his death had a fixed
place of abode at Flat No. 56, 5th Floor, Lourdes Apartment
C.H.S. Ltd., Opp. Orlem Church, Gautam Buddha Marg, Orlem,
Malad-West, Mumbai-400064 and has left property within Greater
Bombay and in the State of Maharashtra.

3. That the said deceased died intestate as this Petitioner


believes and that due and diligent search has been made for a Will
but none has been found.

4. That the Petitioner is the wife/widow and surviving legal heir


of the said deceased and is entitled to 100% Share of his assets and
properties, movable and immovable.

5. That the two daughters and surviving legal heirs of the said
deceased namely, SUBA SELVARAJ NADAR and SHALINI
SELVARAJ NADAR, have individually executed the Affidavits
stating their No-Objection and grating their full and free consent to
the Letters of Administration being granted to the Petitioner
abovenamed without service of any Citation upon them and without
any surety being justified in respect of their share in the estate of
the deceased abovenamed. Hereto annexed and marked
“Exhibit-C” is the notarized copy of Consent Affidavit of
Ms. Suba Selvaraj Nadar. Hereto annexed and marked
“Exhibit-D” is the notarized copy of Consent Affidavit of Ms.
Shalini Selvarja Nadar.

6. That the Petitioner being the Wife/Widow of the said


deceased abovenamed is applying through this present Petition for
the Letters of Administration without Will to the properties and
credits belonging to the said deceased abovenamed.

7. That the said deceased left behind him surviving heirs and
next of kins according to Hindu Succession Act, 1956, by which he
was governed at the time of his death, the following persons with
the age and address set out against their respective names as
mentioned hereunder:

Sr. Names and addresses of the heirs Age Relationship


No. and next of kins of the deceased with the
abovenamed deceased
1. Selvi Selvaraj Nadar 48 Wife/Widow
Residing at- Flat No. 56, 5th Floor, Years
Lourdes Apartment CHS Ltd., Opp.
Orlem Church, Gautam Buddha Marg,
Orlem, Malad-West, Mumbai-400064.
2. Suba Selvaraj Nadar 31 Daughter
Residing at- Flat No. 56, 5th Floor, Years
Lourdes Apartment CHS Ltd., Opp.
Orlem Church, Gautam Buddha Marg,
Orlem, Malad-West, Mumbai-400064.
3. Shalini Selvaraj Nadar 29 Daughter
Residing at- Flat No. 56, 5th Floor, Years
Lourdes Apartment CHS Ltd., Opp.
Orlem Church, Gautam Buddha Marg,
Orlem, Malad-West, Mumbai-400064.

The Son of the deceased, Late Mr. Satish Selvaraj Nadar, expired
on 12th December, 2020, pre-deceased the deceased. The Parents of
the deceased, pre-deceased the deceased. The deceased has two
daughters and wife/widow as mentioned above. Save and except
hereinabove, there are no other heirs left behind by the deceased.
Hereto annexed and marked “Exhibit-E” is a true copy of the
Death Certificate of deceased Mr. Satish Selvaraj Nadar and also
Hereto annexed and marked “Exhibit-F-Colly.” is a true copy of
Aadhaar Card and Pan Card as an identity and residential proof of
the deceased Mr. Satish Selvaraj Nadar.

8. That the Petitioner has truly set forth in SCHEDULE – I,


hereto annexed and marked as “EXHIBIT-G”, all the properties
and credits which the deceased died possessed of or entitled to at
the time of his death, in respect of which the Certificate is applied
for. The Letters of Administration is required for the purpose of
ascertaining the net estate of the deceased, which have or are likely
to come to the hands of the Petitioner.

9. That the assets of the deceased including all rents, interest


and dividends if any which have accrued since the date of the death
of the deceased and increased value of the assets since the said date,
in respect of which the Letters of Administration is required are of
the value of Rs._____________/- (Rupees ___________________
_________________________________________ Only).

10. That the Petitioner is entitled to 100% right, title, interest,


share, claim and benefit of the assets and properties, movable and
immovable belonging to the said deceased.

11. That the Petitioner is the Wife/Widow and the legal heir of
the said deceased. The Petitioner wish to get the assets and
properties, movable and immovable belonging to the said deceased
transferred in her name. When the Petitioner approached the
concerned authorities for transmission of the assets and properties,
movable and immovable belonging to the said deceased in her
name she was asked for the Letters of Administration. Hence the
present Petition is being made before this Hon’ble Court.

12. That except the Petitioner, the other legal heirs of the said
deceased are not claiming their rights to the assets and properties,
movable and immovable belonging to the said deceased.

13. That this Hon’ble Court has the power to allow the present
Petition and make necessary orders as it may deem it as the subject
matter is in the jurisdiction of this Hon’ble Court.

14. That there is no impediment in the grant of Letters of


Administration in favour of the Petitioner.
15. That the Petitioner undertakes to make payment of such
Court Fees as may be directed by this Hon’ble Court.
16. That no other similar Petition is pending before any other
Court of Competent jurisdiction.

17. That the required Court Fees have been affixed on this
Petition and the Court Fees for grant of Letters of Administration
will be paid as may be directed by this Hon’ble Court.

18. THEREBY IT IS MOST HUMBLY PRAYED THAT:

(a) The present Petition may kindly be allowed.

(b) The Letters of Administration without Will to the


Properties and Credits of the deceased VELU
SUYAMBU SELVARAJ NADAR be granted in
favour of the Petitioner having effect throughout the
State of Maharashtra / India.

(c) That any corrections/amendments in the Petition as


may be deemed necessary be allowed.

(d) That any other orders in the interest of justice, equity


and good conscience may kindly be passed.

Place : Mumbai.
Date : This ____ day of November, 2022.

MKS Legal Associates Selvi Selvaraj Nadar


Advocate for the Petitioner [Petitioner]

VERIFICATION

I, SMT. SELVI SELVARAJ NADAR, Age 48 years, Occu;


Housewife, Adult, Indian Inhabitant of Mumbai, R/at Flat No. 56,
5th Floor, Lourdes Apartment CHSL, Opp. Orlem Church, Gautam
Buddha Marg, Orlem, Malad-West, Mumbai-400064, THE
PETITIONER ABOVEMNAMED, do hereby state on solemn
affirmation that the contents of this Petition in Para 1 to 17 are true
and correct to the best of my knowledge and belief and Para 18 is
the prayer before this Hon’ble Court, so I have signed hereunder.

Solemnly affirmed at Mumbai ]


Dated this ____ day of ]
November, 2022 ] Selvi Selvaraj Nadar
[Petitioner]

Identified & Explained by; Before me;

[MKS Legal Associates]


Advocate for the Petitioner

IN THE HIGH COURT OF JUDICATURE AT BOMBAY


TESTAMENTARY AND INTESTATE JURISDICTION
PETITION NO. ______ OF 2022
Petition for Letters of Administration
without Will to the Property and Credits
of VELU SUYAMBU SELVARAJ NADAR,
Hindu, Indian Inhabitant of Mumbai,
who was residing at the time of his death
at Flat No. 56, 5th Floor, Lourdes
Apartment CHS Ltd., Opp. Orlem Church,
Gautam Buddha Marg, Orlem, Malad-
West, Mumbai-400064.
… Deceased

SMT. SELVI SELVARAJ NADAR ]


Age 48 years, Adult, Indian Inhabitant ]
of Mumbai, Occu: Housewife, residing at ]
Flat No. 56, 5th Floor, Lourdes Apartment ]
Co-operative Housing Society Limited, ]
Opp. Orlem Church, Gautam Buddha Marg, ]
Orlem, Malad-West, Mumbai-400064. ]
Wife of the Deceased. ] … Petitioner

PETITIONER’S OATH

I, SMT. SELVI SELVARAJ NADAR, Age 48 years, Occu;


Housewife, Adult, Indian Inhabitant of Mumbai, R/at Flat No. 56,
5th Floor, Lourdes Apartment CHSL, Opp. Orlem Church, Gautam
Buddha Marg, Orlem, Malad-West, Mumbai-400064, THE
PETITIONER ABOVEMNAMED, do solemnly affirm that I
believe that SHRI. VELU SUYAMBU SELVARAJ NADAR, the
deceased abovenamed, died without leaving a Will, and that I, the
Wife of the said deceased, will well and truly administer his
property and credits according to law and pay his debts, if any, so
far as the said effects will extend, and that I will make and exhibit a
full and true inventory thereof in this Hon'ble Court within six
months from the date of the grant to be made to me or within such
further time as the Hon’ble Court may from time to time appoint,
and also render a true account of my administration to this Hon'ble
Court within one year from the same date or within such further
time as the Hon’ble Court may from time to time appoint.

Solemnly affirmed at Mumbai ]


Dated this ____ day of ]
November, 2022 ] Selvi Selvaraj Nadar
[Petitioner]

Identified & Explained by; Before me;

[MKS Legal Associates]


Advocate for the Petitioner

IN THE HIGH COURT OF JUDICATURE AT BOMBAY


TESTAMENTARY AND INTESTATE JURISDICTION
PETITION NO. ______ OF 2022
Petition for Letters of Administration
without Will to the Property and Credits
of VELU SUYAMBU SELVARAJ NADAR,
Hindu, Indian Inhabitant of Mumbai,
who was residing at the time of his death
at Flat No. 56, 5th Floor, Lourdes
Apartment CHS Ltd., Opp. Orlem Church,
Gautam Buddha Marg, Orlem, Malad-
West, Mumbai-400064.
… Deceased

SMT. SELVI SELVARAJ NADAR ]


Age 48 years, Adult, Indian Inhabitant ]
of Mumbai, Occu: Housewife, residing at ]
Flat No. 56, 5th Floor, Lourdes Apartment ]
Co-operative Housing Society Limited, ]
Opp. Orlem Church, Gautam Buddha Marg, ]
Orlem, Malad-West, Mumbai-400064. ]
Wife of the Deceased. ] … Petitioner

SCHEDULE - I
VALUATION OF MOVABLE AND IMMOVABLE
PROPERTIES OF THE DECEASED

IN THE STATE OF MAHARASHTRA AND TAMIL NADU,


UNION TUTICORIN DISTRICT.

SR. PARTICULARS AMOUNT


NO.
1. Flat No. 56, 5th Floor, Lourdes Apartment 1,10,00,000.00
CHS Ltd., Opp. Orlem Church, Gautam
Buddha Marg, Orlem, Malad-West,
Mumbai-400064, admeasuring about 225
sq. ft. (carpet area). Share Certificate
No. 021 bearing distinctive numbers from
101 to 105.
2. Shop No. 4A, Ground Floor, Lourdes 7,789/-
Apartment CHS Ltd., Opp. Orlem
Church, Gautam Buddha Marg,
Orlem, Malad-West, Mumbai-400064,
admeasuring about 5.6 feet x 5.0 feet.
3. Share Certificate No. 15013, Regd.
Folio No. 11436, Name of Holder-
Selvaraj Nadar V.S., Number of Shares
held: One and Distinctive No. 219751
of Tamilnad Mercantile Bank Ltd.
4. Open Plot of land bearing No. 32 and 33
admeasuring 4340 sq. ft. in the layout of
Then Pathuvai Nagar in S. No. 4B/1A, 1B
at Eluvaraimukki Village and Panchayat
Sathankulam Union Tuticorin District.
TOTAL

MKS Legal Associates Selvi Selvaraj Nadar


Advocate for the Petitioner [Petitioner]

We are not member of the Advocates Welfare Association, stamps


of Rs.20/- is affixed herewith.

(Advocate)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
PETITION NO. ______ OF 2022

Petition for Letters of Administration


without Will to the Property and Credits
of VELU SUYAMBU SELVARAJ NADAR,
Hindu, Indian Inhabitant of Mumbai,
who was residing at the time of his death
at Flat No. 56, 5th Floor, Lourdes
Apartment CHS Ltd., Opp. Orlem Church,
Gautam Buddha Marg, Orlem, Malad-
West, Mumbai-400064.
… Deceased

SMT. SELVI SELVARAJ NADAR ]


Age 48 years, Adult, Indian Inhabitant ]
of Mumbai, Occu: Housewife, residing at ]
Flat No. 56, 5th Floor, Lourdes Apartment ]
Co-operative Housing Society Limited, ]
Opp. Orlem Church, Gautam Buddha Marg, ]
Orlem, Malad-West, Mumbai-400064. ]
Wife of the Deceased. ] … Petitioner

VAKALATNAMA
To,
The Prothonotary and Senior Master
High Court, Original Side, Mumbai.
Sir,
I, SMT. SELVI SELVARAJ NADAR, THE PETITIONER
ABOVENAMED, do hereby appoint MKS LEGAL ASSOCIATES,
Advocate, Bombay High Court, to act, appear and plead for me and
on my behalf in the above matter.
IN WITNESS WHEREOF, I have set and subscribed my
hands to this writing at Mumbai.

Dated this _____ day of November, 2022.

SELVI SELVARAJ NADAR


[PETITIONER]
Accepted:

MKS LEGAL ASSOCIATES


Advocate for the Petitioner
Office: E8, 3rd Floor, Nemi Krishna CHSL,
Opp. Bajaj Municipal School, Jethwa Nagar,
Near Railway Station, V.L. Road,
Kandivali-West, Mumbai-400067.
Contact No.: +91-9004040633
Email ID: ms.mkslegalassociates@gmail.com

IN THE HIGH COURT OF


JUDICATURE AT BOMBAY
TESTAMENTARY AND
INTESTATE JURISDICTION
PETITION NO. ______ OF 2022

Petition for Letters of


Administration without Will
to the property and credits
of the deceased Velu
Suyambu Selvaraj Nadar.

SELVI SELVARAJ NADAR


… Petitioner

PETITION FOR GRANT OF


LETTERS OF ADMINISTRATION

Filed on this ____ day of November, 2022

MKS LEGAL ASSOCIATES


Advocate for the Petitioner
Office: E8, 3rd Floor, Nemi Krishna,
Opp. Bajaj Municipal School,
Jethwa Nagar, V. L. Road.
Near Railway Station,
Kandivali-West, Mumbai-400067.
Contact No.: +91-9004040633
Email ID: ms.mkslegalassociates@gmail.com

IN THE HIGH COURT OF


JUDICATURE AT BOMBAY
TESTAMENTARY AND
INTESTATE JURISDICTION
PETITION NO. ______ OF 2022

Petition for Letters of


Administration without Will
to the property and credits
of the deceased Velu
Suyambu Selvaraj Nadar.

SELVI SELVARAJ NADAR


… Petitioner

PETITIONER’S OATH

Filed on this ____ day of November, 2022

MKS LEGAL ASSOCIATES


Advocate for the Petitioner
Office: E8, 3rd Floor, Nemi Krishna,
Opp. Bajaj Municipal School,
Jethwa Nagar, V. L. Road.
Near Railway Station,
Kandivali-West, Mumbai-400067.
Contact No.: +91-9004040633
Email ID: ms.mkslegalassociates@gmail.com
IN THE HIGH COURT OF
JUDICATURE AT BOMBAY
TESTAMENTARY AND
INTESTATE JURISDICTION
PETITION NO. ______ OF 2022

Petition for Letters of


Administration without Will
to the property and credits
of the deceased Velu
Suyambu Selvaraj Nadar.

SELVI SELVARAJ NADAR


… Petitioner

SCHEDULE – I

Filed on this ____ day of November, 2022

MKS LEGAL ASSOCIATES


Advocate for the Petitioner
Office: E8, 3rd Floor, Nemi Krishna,
Opp. Bajaj Municipal School,
Jethwa Nagar, V. L. Road.
Near Railway Station,
Kandivali-West, Mumbai-400067.
Contact No.: +91-9004040633
Email ID: ms.mkslegalassociates@gmail.com

IN THE HIGH COURT OF


JUDICATURE AT BOMBAY
TESTAMENTARY AND
INTESTATE JURISDICTION
PETITION NO. ______ OF 2022

Petition for Letters of


Administration without Will
to the property and credits
of the deceased Velu
Suyambu Selvaraj Nadar.

SELVI SELVARAJ NADAR


… Petitioner

VAKALATNAMA

Filed on this ____ day of November, 2022

MKS LEGAL ASSOCIATES


Advocate for the Petitioner
Office: E8, 3rd Floor, Nemi Krishna CHSL,
Opp. Bajaj Municipal School,
Jethwa Nagar, V. L. Road.
Near Railway Station,
Kandivali-West, Mumbai-400067.
Contact No.: +91-9004040633
Email ID: ms.mkslegalassociates@gmail.com
IN THE HIGH COURT OF
JUDICATURE AT BOMBAY
TESTAMENTARY AND
INTESTATE JURISDICTION
PETITION NO. ______ OF 2022

Petition for Letters of


Administration without Will
to the property and credits
of the deceased Velu
Suyambu Selvaraj Nadar.

SELVI SELVARAJ NADAR


… Petitioner

CONSENT AFFIDAVIT OF
MS. SUBA SELVARAJ NADAR

Filed on this ____ day of November, 2022

MKS LEGAL ASSOCIATES


Advocate for the Petitioner
Office: E8, 3rd Floor, Nemi Krishna CHSL,
Opp. Bajaj Municipal School,
Jethwa Nagar, V. L. Road.
Near Railway Station,
Kandivali-West, Mumbai-400067.
Contact No.: +91-9004040633
Email ID: ms.mkslegalassociates@gmail.com
IN THE HIGH COURT OF
JUDICATURE AT BOMBAY
TESTAMENTARY AND
INTESTATE JURISDICTION
PETITION NO. ______ OF 2022

Petition for Letters of


Administration without Will
to the property and credits
of the deceased Velu
Suyambu Selvaraj Nadar.

SELVI SELVARAJ NADAR


… Petitioner

CONSENT AFFIDAVIT OF
MS. SHALINI SELVARAJ NADAR

Filed on this ____ day of November, 2022

MKS LEGAL ASSOCIATES


Advocate for the Petitioner
Office: E8, 3rd Floor, Nemi Krishna CHSL,
Opp. Bajaj Municipal School,
Jethwa Nagar, V. L. Road.
Near Railway Station,
Kandivali-West, Mumbai-400067.
Contact No.: +91-9004040633
Email ID: ms.mkslegalassociates@gmail.com

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