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Madras High CourtOP/97/2022allowed

N.Vaidehi And 2 Others v. Nil

2022-11-01Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No.97 of 2022 O.P.No.97 of 2022 C.V. KARTHIKEYAN, J.

This Original Petition has been filed seeking grant of Letters of Administration under Sections 232 & 276 of Indian Succession Act, 1925 with Will annexed, relating to the last will dated 17.06.2021 executed by Mr.T.S.Narasimhan, the husband of the of the first petitioner and the father of the second and third petitioners. T.S.Narasimhan died on 31.08.2021.

2. After following due procedure the petitioners were invited to adduce evidence. The second petitioner examined herself as Ex.P.W.1. The original Will dated 17.06.2021 was marked as Ex.P1 and death certificate was marked as Ex.P2. Thereafter one of the attesting witnesses Mr.P.N.Srivatsan was examined as P.W.2. He identified the Will, Ex.P1 and stated that T.S.Narasimhan was in a sound and disposing state of mind at the time of execution of Will.

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

4. A memo had also been filed that the first petitioner had died on 26.09.2022. However the second and the third petitioners are the legal heirs. The memo is recorded. The petitioner is directed to carry out necessary amendment indicating the death of the first petitioner and stating that the https://www.mhc.tn.gov.in/judis second and third petitioners are the legal heirs.

O.P.No.97 of 2022 C.V. KARTHIKEYAN, J.

nst 5.This Original Petition stands allowed. The petitioners are directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioners are 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 petitioners are further directed to render true and correct accounts once in a year. 6.The order copy to be issued after amendment, as stated above is carried out.

01.11.2022 nst O.P.No.97 of 2022 https://www.mhc.tn.gov.in/judis