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Madras High CourtOP/20/2022allowed

B.S.Maheswari (Alias) Maheswaramma v. C.V.K.Sathyavathi

2022-11-17Honourable Mr Justice C.V. Karthikeyan3 pages

O.P.No.20 of 2022 C.V.KARTHIKEYAN,J., The Original Petition has been filed seeking Letters of Administration with Will annexed, relating to the Will dated 17.08.2018, executed by B.V.Sundaram, who died on 20.11.2018. BV.Sundaram, was the husband of the petitioner and father of the respondent. 2.The respondent had given consent affidavit.

3. It is stated that there was another daughter Anandhalakshmi, who had predeceased and died on 10.12.2010. She did not leave behind any legal heir. She had divorced her husband.

4.After following due process, the petitioner was invited to tender evidence.

5. Accordingly, the petitioner examined herself as PW-1. The original Will dated 17.08.2018 was marked as Ex.P-2. The Death certificate and Legal Heirship Certificate of B.V.Sundaram were marked as Exs.P-3 and P1/3

4. The Death Certificate of the other daughter Anandhalakshmi was marked as Ex.P-10. The affidavit of assets were marked as Ex.P-14. The consent affidavit given by the respondent was marked as Ex.P-17. 6.The petitioner also examined, A.Damodaran as PW-2 and B.C.Subramani as PW-3. They were the attesting witnesses and both identified the Will which was marked as Ex.P-2. They also identified the hand writings and signatures of B.V.Sundaram and also stated that all the documents were signed in presence of each other and that B.V.Sundaram, was in a sound and disposing state of mind at the item of execution of the Will. Their affidavits were marked as Exs.P-18 and P-19 respectively. 7.In view of the evidence presented, Letters of Administration is granted to the petitioners. 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. 17.11.2022 kp C.V.KARTHIKEYAN,J., 2/3

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