Shanthi Ramamurthi And Another v. Nil

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2024

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN 1.Shanthi Ramamurthi 2.Jayanthi Sridhar ... Petitioners PRAYER: Original Petition filed under Sections 232 & 276 of the Indian Succession Act, 1925, read with Order XXV Rule 5 of O.S. Rules to grant Letters of Administration with the Will annexed to the petitioners herein as the Daughters/Beneficiaries/legatees named under the Will of the said deceased having the effect limited to the State of Tamil Nadu. For Petitioners : Mr.R.Kannan

O R D E R

The petition has been filed seeking Letters of Administration with the Will dated 08.03.2016, executed by the deceased Vijayalakshmi Raman, mother of the petitioners, who died on 26.11.2021. 1/6

2. It had been stated that the parents of the mother of the petitioners, predeceased her and the father of the petitioners died on 14.11.1980. After following due procedure, the petitioners were directed to tender evidence. Accordingly, the first petitioner/ Mrs.Shanthi Ramamurthi examined herself as P.W.1 and she marked Ex.P1, the original Will dated 08.03.2016. She marked the Death Certificate of her mother and father as Exs.P2 and P3 and she also marked the Legal Heir Ship Certificate of her mother as Ex.P4. The petitioners also examined as P.W.2 / Mrs.Harini Sridhar, who stated that she knew the testatrices and also knew both the attestors. She identified the signatures in Ex.P1 both the testatrices and also of the attestors to the Will. She claimed that she knew the petitioners from the year 1973.

3. Taking into consideration the nature of the evidence deposed and the documents produced, this Original Petition stands allowed. The Letters of Administration to be issued to the petitioners in accordance with rules. Such Letters of Administration shall have effect throughout the State of Tamil Nadu. The petitioners are directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each in the name 2/6

of the Assistant Registrar (Original Side) of this Court and they are further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively. Index :Yes/No 3/6

APPENDIX Petitioner's witness:

P.W.1 - Mrs.Shanthi Ramamurthi P.W.2 - Mrs.Harini Sridhar Documents marked:

Exhibits Documents P1 The original Will dated 08.03.2016 executed by Mrs.Vijayalakshmi Raman P2 The computer generated death certificate of Mrs.Vijayalakshmi P3 The photocopy of death certificate of Mr.K.V.Raman (compared with the original) P4 the computer generated legal heir certificate of Mrs.Vijayalakshmi Raman P5 the photocopy of the property tax demand card in respect of the property standing in the name of Mrs.Vijayalakshmi Raman (compared with the original) P6 The photocopy of the passport of Mrs.Shanthi Ramamurthi P7 The photocopies of the water tax receipt in respect of the property standing in the name of Mrs.Vijayalakshmi Raman (compared with the original) P8 The photocopies of the Electricity consumption receipts in respect of the property standing in the name of Mrs.Vijayalakshmi Raman (compared with the original) P9 The photocopy of the property tax receipt in respect of the property standing in the name of Mrs.Vijayalakshmi Raman (compared with the original) P10 The affidavit of the assets showing the net value of estate as Rs.1,00,00,000/-.

P11 The copy of paper publication effected in one issue of Tamil daily "Makkal Kural"dated 07.09.2022.

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Exhibits Documents P12 The copy of paper publication effected in one issue of English daily "Trinity Mirror"dated 15.09.2022.

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C.V.KARTHIKEYAN, J.

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