Will Of G.Govindammal And v. Mrs. K. Neela And 16 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 23RD DAY OF DECEMBER 2021 THE HON'BLE MR. JUSTICE N. SESHASAYEE TOS No. 27 of 2011 (O.P.No. 716 of 2010) In the matter of the Indian Succession Act XXXIX of 1925, and In the matter of Last Will and Testament of G.Govindammal - deceased.
G. Munusamy, S/. Govindasamy, No.4, Duraiswamy Road, Natesan Nagar, Virugambakkam, Chennai - 600 092.
... Petitioner/Plaintiff -Vs1.
Mrs. K. Neela, W/o. Late Kasinathan, No.2, Perumal Koil Street, Virugambakkam, Chennai - 600 092.
*2. Mrs. D. Palayam (Deceased), W/o. M. Durai, No.40, Perumal Koil Street, Tiruverkadu, Chennai.
3.
Mrs. C. Krishnaveni, W/o. A. Chandran, No.62, Gangalamman Koil Street, Virugambakkam, Chennai - 600 092.
4.
Mrs. A. Sathya Ruby, W/o. Adhimulam, No.2, Meyamui Street, New Colony, Porur, Chennai - 600 116.
5.
K. Gopal, H/o. Lae. G. Annakeli 6.
G. Amudha, W/o. Selvam, D/o. K. Gopal and Late G.Annakeli 7.
G. Elangovan, S/o. K. Gopal and Late G.Annakeli 8.
G. Kabalin, S/o. K.Gopal and Late G.Annakeli 9.
G. Babu, S/o. K.Gopal and Late G.Annakeli 10.
Mrs. G.Anandhi, W/o. Jayakumar, D/o. K.Gopal and Late G.Annakeli Respondents 5 to 10 are residing at No.3, Porur Trunk Road, Porur, Chennai - 600 116.
*11.
Mr. Durai, *12.
Mr. Murali *13.
Pappi Shakila *14.
Mr. Sivakumar *15.
Anandhi *16.
Nagaraj
*17.
Sumathi, Defendants 11 to 17 are residing at No.40, Perumal Koil St, Tiruverkadu, Chennai.
... Respondents/Defendants Defendants 11 to 17 brought on record as LR's of Deceased D2 as per order dated 17.3.2016 in Application No. 8280 of 2015 in TOS No. 27 of 2011.
Testamentary Original Suit praying that this Hon'ble Court be pleased to grant Letters of Administration with both Will annexed to the petitioner as her son/legatee under the Wills of the said deceased having effect limited to the State of Tamilnadu.
This Testamentary Original Suit coming on this day before this Court for hearing in the presence of Mr.V.Manisekaran, Advocate for the plaintiff herein and Mr.R.Sunil Kumar, Advocate for the defendants herein and upon reading the petition filed herein, and the other exhibits therein referred to and upon perusing the evidence adduced therein, it is ordered as follows :- That upon executing a security bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) in favour of the Assistant Registrar (O.SII), High Court, Madras within a period of (3) months from this date, the
plaintiff herein, having complied with the rules of this Court in this behalf Letters of Administration of the property and credit of G.Govindammal - deceased annexed with the Wills dated 23/12/1993 and 08/03/1994 of the said deceased to have effect limited to the State of Tamil Nadu, do issue herein out of and under the seal of this Court and the same be granted to G.Munusamy, the plaintiff herein.
2. That connected applications do stand closed.
3. That there shall be no costs.
WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 23RD DAY OF DECEMBER 2021. Sd/- JOINT REGISTRAR (O.S) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
ED 05.01.2022 T.O.S No. 27 of 2011 (O.P.No. 716 of 2010)
ORDER
DATED : 23/12/2021 THE HON'BLE MR. JUSTICE N. SESHASAYEE FOR APPROVAL: 05/01/2022 APPROVED ON : 05/01/2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.12.2021
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE T.O.S.No.27 of 2011 in (O.P.No.716 of 2010) G.Munusamy ... Plaintiff Vs.
1. K.Neela W/o Late Kasinathan
2. D.Palayam (Deceased) W/o M.Durai,
3. C.Krishnaveni W/o A.Chandran
4. A.Satya Ruby W/o Adhimulam
5. K.Gopal
6. G.Amudha
7. G.Elangovan
8. G.Kabilan
9. G.Babu
10. G.Anandhi
11. Durai
12. Murali
13. Pappi Shakila
14. Sivakumar
15. Anandhi
16. Nagaraj
17. Sumathi
...Respondents
Prayer: Petition is filed under Sections 232 & 276 of the Indian Succession Act, and Order XXXIX Rule 5 of O.S. Rules for the grant of Letters of Administration with Wills of late G.Govindammal. The letters of Administration with Wills annexed may be granted to the petitioner as her son/legatee under the wills of the said deceased having effect limited to the State of Tamil Nadu.
For plaintiff : Mr.V.Manisekaran For respondents : R.Sunil Kumar
J U D G M E N T
This Testamentary Original Suit is laid for obtaining the Letters of Administration of Will of Tmt.G.Govindammal, who is the mother of the plaintiff and she is also the mother of the defendants. The Testator is the Mother of the plaintiff, the Testator is also either the mother or the grand mother of the defendants.
2. The defendants herein have earlier laid a suit in C.S.No.602 of 2019 for partition which includes the property covered by the Will of the Mother and other properties. That came to be decreed based on the Compromise Decree by this Court on 28.10.2021. This Court is informed that as per the terms of the compromise, the defendants would be withdrawing the contest to Testamentary Original Suit.
3. Today, the learned counsel for the defendants made a statement that in conformity with the earlier statement made in the Compromise Memo, the defendants would not be contesting in T.O.S.No.27 of 2011.
4. Learned counsel for the plaintiff submitted that in the Testamentary Original Suit, the propounder of the Wills and the testators have been examined and the Wills have been marked as Ex.P1 and Ex.P2. Both the Wills deal with separate schedules of property. Accordingly, P.W.2 proves his attestor is one of the attestors in both the Wills.
5. This Court is satisfied not only with the evidence brought on record in support of proof of genuineness of the Wills and also taking into account of the present stand of the defendants withdrawing the contest.
6. Accordingly, the Testamentary Original Suit is decreed. The Wills are declared to be genuine and the Letters of Administration is directed to be granted.
7. The plaintiff shall execute a security bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) in favour of the Assistant
Registrar (O.S.II), High Court, Madras within a period of three (3) months as required under law. In view of the order made in the Testamentary Original Suit, the connected applications are closed. No costs. List of the witnesses examined on the side of the plaintiff :
PW1 - Mr.G.Munusamy PW2 - Mr.M.Ravi List of Exhibits marked on the side of the plaintiff : Exhibits Description Dated Ex.P1 The Original Will 28/121993 Ex.P2 The Original Will 08/03/1994 Ex.P3 Death Certificate of Govindammal 31/01/1995 Ex.P4 The supporting affidavit filed by Ravi ..
Ex.P5 The original death certificate 19/06/2000 Ex.P6 The affidavit of assets ..
Ex.P7 The consent of affidavit filed by K.Neela ..
Ex.P8 The consent affidavit filed by Krishnaveni ..
Ex.P9 The consent affidavit ..
Ex.P10 The consent affidavit filed by K.Gopal ..
Ex.P11 The consent affidavit filed by G.Amudha ..
Ex.P12 The consent affidavit filed by G.Kabilan ..
Ex.P13 The consent affidavit filed by G.Elangovan - Ex.P14 The consent affidavit filed by G.Babu - Ex.P15 The consent affidavit filed by G.Anandhi - List of the witnesses examined on the side of the defendant: DW1 - Mrs.C.Krishnaveni DW2 - Mrs.G.Amudha DW3 - Mr.G.Babu @ Durai Babu
List of Exhibits marked on the side of the defendant: Exhibits Description Dated Ex.D1 Photograph - Ex.D2 Photograph - Ex.D3 Copy of sale deed 10.03.2011 Ex.D4 Copy of settlement deed 08.11.2010 Ex.D5 Sale Deed 10.03.2011 Ex.D6 Xerox Documents(Kani Investments and Credit Pvt. Ltd.) - Ex.D7 General Power of Attorney 27.12.2017 Ex.D8 Deed of settlement 27.12.2017 Ex.D9 Sale deed 27.12.2017 Ex.D10 Sale deed 05.01.2018 Ex.D11 Sale deed 08.01.2018 Ex.D12 Sale deed 23.01.2018 Ex.D13 Deed of settlement 23.01.2018 Ex.D14 Proof affidavit of Mr.A.Ravi 13.02.2017 Ex.D15 Not available - Ex.D16 Not available - Ex.D17 Form - I 08.12.1986 Sd./- N.S.S.J.
23.12.2021 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.