Bhagyalakshmi B v. No Respondent

O.P.No.485 of 2023 C.V.KARTHIKEYAN,J.

This Original Petition has been filed taking advantage of Sections 232 and 276 of the Indian Succession Act, 1925 along with relevant rules of the Original Side of Madras High Court seeking grant of Letters of Administration with Will annexed with respect to the properties and credits of Mr.Y.Veeraraghavan, who had died on 08.05.1972. 2.It is stated that Y.Veeraraghavan had given a life estate to his wife / mother of the petitioner by name Kamalammal and she died on 24.08.2017 and only after that the petitioner taken steps to file this petition seeking Letters of Administration. It is also stated that the Will was also in the possession of her mother, Kamalammal and was found after she had died. 3.After following due procedure, the petitioner was directed to tender evidence. She examined herself as PW-1 and marked Exs.P1 to P12.

The original Will dated 15.10.1968 was marked as Ex.P1. The Death Certificate of the testator was marked as Ex.P3. The Death Certificate of her mother was marked as Ex.P6. One of the attesting witness had died and his Death Certificate was marked as Ex.P8. Notice was directed to the other attesting witness but it was returned with an endorsement that there is no such person in that particular address.

4.The petitioner, therefore, to prove the Will, had examined PW-2 A.P.Dhanasekaran, who stated that he was the friend of the husband of the petitioner and that at the time of execution of Will he was also present in the Registrar Office. He also claimed that he was physically present when the attesting witnesses signed the Will and he also identified the signature of the attesting witnesses.

5..In view of the evidence adduced, I hold there is every reason to grant the relief sought in the Original Petition namely, granting Letters of Administration with Will annexed.

6.With the above observations, this Original Petition stands allowed. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioner is directed to execute a 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 petitioner is further directed to render true and correct accounts once in a year.

18.04.2024 smv

C.V.KARTHIKEYAN,J.

smv O.P.No.485 of 2023 18.04.2024