P.Sashi Kiran And 3 Others v. P.Shobha Rani
KRISHNAN RAMASAMY.J, This Petition has been filed under Sections 232 and 276 of the Indian Succession Act 1925 read with Order XXV Rule 5 of the High Court Original Side Rules, seeking the grant of Letters of Administration.
2.In the petition, it is stated that the Testatrix, Dr.M.Chandravalli, died on 17.06.2020 as a spinster. Her parents had predeceased her. The deceased had two sisters namely K.Renuka Devi and P.Shobha Rani. Out of two sisters one sister Renuka Devi predeceased her. The respondent herein is the mother of the petitioners 1 and 2. The petitioners 3 and 4 are the son and daughter of the deceased Renuka Devi, who is one of the sister of the Testatrix. The Testatrix Dr.M.Chandravalli was the owner of the schedule mentioned property. During her life time, she executed a Will and Testament dated 16.05.2019 in the presence of witnesses and got registered at the Office of the Sub-Registrar, Madhavaram bearing Document no.9 of 2019. The respondent herein has already filed consent affidavit stating that she has 1 / 5
no objection for grant of Letters of Administration in favour of the petitioners. The petitioners undertake to duly administer the property and credits of the deceased Testatrix, Dr.M.Chandravalli and to make a full and true inventory thereof and exhibit the same to the Court within six months from the date of grant of Letters of Administration to the petitioners and also render a true account of the said property and credits within one year from the said date. No application has been filed in any other Court for Letters of Administration.
3.The 1st petitioner, who examined himself as P.W.1, reiterated the averments made in the petition and filed the following documents viz., Exs.P1 to P5:
Ex.P1 is the computer generated death certificate of Dr.M.Chandravalli.
Ex.P2 is the original Will and Testament dated 16.05.2019 executed by Dr.M.Chandravalli, which has been attested by two attestors. Ex.P3 is the photocopy of the Legal Heirship Certificate of M.Chalapathi Rao.
Ex.P4 is the affidavit of assets showing the net value of the estate as Rs.92,38,000/-.
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Ex.P5(series 2 nos) are the copies of Paper Publication effected in one issue of Tamil daily "Thina Boomi" dated 27.03.2022 and in one issue of English daily "Southern Mail" dated 04.04.2022.
4. Further, one Mr.M.Harikrishna, was examined as PW.2 and marked his affidavit as Ex.P6. The Testatrix Dr.M.Chandravalli is his cousin and he was signed in the Ex.P2 Will as the first attesting witness. The second attesting witness namely C.Jayasree, is also his cousin. The Testatrix Dr.M.Chandravalli was in a sound and stable state of mind at the time of execution of Ex.P2 Will.
5.Despite the paper publication also, none has appeared and raised their objections.
6.Considering the averments made in the petition and on perusing the materials available on record, this Court is satisfied that the petitioners are entitled to the issuance of Letters of Administration. 7.Accordingly, this petition is allowed. Issue Letters of Administration in favour of the petitioners. The petitioners are directed 3 / 5
to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioners are also directed to execute a security bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) in favour of the Assistant Registrar (O.S.II), High Court, Madras. The petitioners are further directed to render true and correct accounts once in a year.
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