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Madras High CourtOP/127/2022granted

L.Balaji v. Visalam Ramamurthy And 4 Others

2022-10-10Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No.127 of 2022 C.V.KARTHIKEYAN,J.

This Original Petition has been filed taking advantage of Sections 232 and 276 of the Indian Succession Act, 1925 seeking grant of Letters of Administration with will annexed relating to the Will dated 11.02.2012 executed by the maternal uncle of the petitioner, S.Viswanathan, who died on 30.01.2019.

2.The respondents are his sisters and brothers. The 3rd respondent is incidentally the mother of the petitioner. The 1st, 2nd, 3rd and 5th respondents were served on 12.05.2022 and the 4th respondent was served on 05.05.2022. They have taken a conscious decision not to appear before this Court. 3.The petitioner was invited to adduced evidence. He examined himself as PW-1. The original Will dated 11.02.2012 was marked as Ex.P1. The death certificate of S.Viswanathan was marked as Ex.P2. The petitioner also examined as PW-2, C.R.Seshan, who was the first attesting witness. He identified the Will and also identified the signature of the testator. He also stated that his wife Sakunthala Seshan attested the Will as a second attestor. He specifically stated that S.Viswanathan was in a sound and disposing state https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN,J.

Smv of mind at the time of execution of Ex.P1 Will. He had also filed his affidavit and his affidavit was marked as Ex.P9. 4.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.

5.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.

10.10.2022 smv O.P.No.127 of 2022 https://www.mhc.tn.gov.in/judis