Valliammal (Deceased) And Another v. Anandavalli (Deceased)

O.P.No.345 of 2004 O.P.No.345 of 2004 C.V.KARTHIKEYAN , J.

The petition has been filed seeking Letters of Administration with the Will annexed relating to the last Will and testimony to S.G.Selvaraj, who died on 20.09.1993.

2. The 1st petitioner was the wife of S.G.Selvaraj and the respondent also claims a similar relationship. The 2nd petitioner was his adopted son.

3. Pending the Original Petition, the 1st petitioner and the respondent died.

4. It is stated that S.G.Selvaraj, had executed a Will on 17.11.1983. It had been attested by Gangadharan and Munusamy.

5. The 2nd petitioner, T.Srinivasan was examined as P.W.1 and he produced the Will as Ex.P1 and the death certificate of his father S.G.Selvaraj as P.W.2, the death certificate of his mother/1st petitioner/Valliammal as Ex.P3 and the death certificate of the respondent, Anandhavalli as Ex.P4.

6. Gangadharan had died. His son G.Sekar was examined as P.W.2 and the death certificate of Gangadharan was produced as Ex.P8. P.W.2 also stated that the other attesting witness Munusamy had also died. P.W.2 identified the signature of Gangadharan/his father in the Will.

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O.P.No.345 of 2004 C.V.KARTHIKEYAN , J.

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7. In view of the fact that there has been substantial compliance of the requirements under Section 68 of the Evidence Act, and owing to the death of the attesting witnesses, evidence as required under Section 69 of the Evidence Act, had also been recorded, Letters of Administration with the Will annexed is granted in favour of the 2nd petitioner with respect to the last Will and Testament of the deceased S.G.Selvaraj. The petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in the name of the Assistant Registrar (Original Side), High Court of Madras.

07.09.2022 ssi O.P.No.345 of 2004 https://www.mhc.tn.gov.in/judis 2/2