R.Anandan And 2 Others v. E.Palani

O.P.No.150 of 2021 O.P.No.150 of 2021 C.V.KARTHIKEYAN , J.

The petition has been filed under Section 232 and 276 of the Indian Succession Act 1925, seeking Letters of Administration with the Will annexed relating to the last Will of Smt.Chinna Kannammal @ Chinnakannu.

2. The petitioners are the beneficiaries under the Will. The respondent is the son.

3. It is stated that Smt.Chinna Kannammal @ Chinnakannu died on 12.08.2017. She had executed a registered Will on 20.06.2007, which had been registered as document No.35/2007 in the office of the Sub Registrar, Thiyagaraya Nagar, Chennai.

4. Notice had been directed. Notice had been served. The respondent had also filed consent affidavit. Evidence was recorded.

5. The Will was marked as EX.P1. The death certificate of Smt.Chinna Kannammal @ Chinnakannu was marked as Ex.P2. The legal heir ship certificate was marked as Ex.P3.

6. The petitioner, Saravanan was examined as P.W.1. P.W.2, V.Chenkuttuvan was one of the attesting witnesses. The respondent, Palani was examined as R.W.1 and his affidavit was marked as Ex.P6. https://www.mhc.tn.gov.in/judis 1/2

O.P.No.150 of 2021 C.V.KARTHIKEYAN , J.

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6. In view of the fact that there has been compliance as required under Section 68 of the Indian Evidence Act, 1872 and in view of the further fact that the respondent had also filed an affidavit stating no objection and had also tendered evidence, the petition is allowed. 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.

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