Jigna Thacker v. Jas Thacker And 2 Other

O.P.No. 153 of 2022 C.V.KARTHIKEYAN, J.

This Petition has been filed under Section 232 and 276 of the Indian Succession Act 1925, seeking grant of Letters of Administration with respect to the last Will of Krittan Thacker, who was the husband of the petitioner and the father of the first and second respondents and son of the third respondent.

2. The father of the deceased, Krittan Thacker had predeceased him and had died on 05.12.2011. The deceased Krittan Thacker had died on 26.07.2018 and had left behind a Will dated 05.12.2011. One of the property is within a jurisdiction of this Court and therefore, the petition has been filed in this Court.

3. The petitioner examined herself as PW-1. The Original Will dated 05.12.2017 was marked as Ex.P-1, the death certificate of Kirtten Thacker was marked as Ex.P-2, the legal heirship certificate of Kirttan thacker was marked as Ex.P-3.

4. It must be noted that the second respondent/daughter is a minor represented by the petitioner herself. The first and third respondents had given their consent affidavits and they were marked as Exs.P-4 and P-5. The petitioner also examined Shaant Vachher as PW-2 and Sanjay Goyal as PW-3, who were the attesting witnesses. They both affirmed the Will under Ex.P-1 and also affirmed the signatures and also stated that at the time of

execution of the Will, Krittan Thacker was in sound and disposing state of mind.

5. In view of the evidence recorded and produced, this Original Petition stands allowed as follows:- (a) the letters of administration shall be issued in favour of the petitioner in respect of the properties mentioned in the petition.

(b) The petitioner is directed to duly administer the said properties of the deceased.

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

28.09.2022 Index:Yes/No Internet :Yes/No vsg

C.V.KARTHIKEYAN, J.

vsg O.P.No. 153 of 2022 28.09.2022