N.Moorthy v. Lakshmi S.

O.P.No.242 of 2019 C.V.KARTHIKEYAN, J., This petition has been filed under Order XXV Rule 5 of O.S.Rules read with Section 232 and 276 of Indian Succession Act,1925 for the grant of Letters of Administration with the Will dated 21.12.2016 annexed to the petitioner as son/sole beneficiary, under the Will of the deceased, E.Natarajan, who died on 06.01.2017, having effect throughout the State of Tamilnadu.

2. The petitioner is the son and the respondent is his daughter. Notice had been directed to the daughter and there no objection has been raised. The petitioner was directed to adduce evidence. He examined himself as PW-1. The Will was marked as Ex.P-1. The death certificate of E.Natarajan was marked as Ex.P-2. The legal heirship certificate was marked as Ex.P-3. Thereafter, as PW-2 V.Srinivasan was examined and he identified the signature in his capacity and as attestor of the Will. The petitioner also examined as PW-3 S.Devaraj, who was also the other attesting witness. Bot the attesting witnesses/PW-2 and PW-3 affirmed the signatures found in Ex.P-1.

https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J., vsg

3. In view of these facts, particularly since there is no objection raised from the respondent though notice had been served and notice had been deemed sufficient, I am satisfied that the petitioner is entitled to the grant of Letters of Administration.

4. Hence (a) this Original Petition is ordered.

(b) the letters of administration shall be issued in favour of the petitioner in respect of the properties mentioned in the petition. (c) The petitioner is directed to duly administer the said properties of the deceased.

(d) The petitioner is also directed to execute a security 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.

(e) The petitioner is further directed to render true and correct accounts once in a year.

09.09.2022 vsg O.P.No.242 of 2019 https://www.mhc.tn.gov.in/judis