M.A.Muthusethupathi And 3 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2024

CORAM

THE HONOURABLE MS.JUSTICE C.V.KARTHIKEYAN 1.M.A.Muthusethupathi 2.Vanathi Sethupathi 3.Madhavi Sethupathi 4.A.Thangamani ... Petitioners PRAYER: Original Petition filed under Sections 232 and 276 of the Indian Succession Act, 1925, read with Order XXV Rule 5 of O.S. Rules to grant Letters of Administration of the Will dated 09.02.1987 of Late M.M.Aayanan annexed herein to the petitioners 1 to 3/Legatees under the Will of the deceased having effect limited to the State of Tamil Nadu. For Petitioners : Mr. M.R.Vivekananthan

O R D E R

The petition has been filed seeking grant of Letters of Administration and Security with respect to a Will dated 09.02.1987 executed by the 1/6

deceased M.M.Aayanan, who died on 28.09.1991. 2.

The 1st and 4th petitioners are his two sons. His wife Papayee Ammal died on 18.11.1993. She had bequeathed the property which belonged to her, to the wife of her younger son, Girija, and to the children of the younger sons Vanathi Sethupathy and Madhavi Sethupathy, who are the 2nd and 3rd petitioners. The said Girija died on 20.07.2000. It had been stated that no executor had been appointed under the Will. It is also stated that though the petitioners were aware about the existence of the Will, they were not aware about the legal necessities to obtain Letters of Administration. When they tried to encumber the property, they came to know about the necessity to obtain Letters of Administration. After following due process, the petitioners were directed to tender evidence. The 1st petitioner was examined as P.W.1 and he marked Exs.

P1 to P9 and one A.S.Bhakthavatchalam was examined as P.W.2 and he marked Ex.P10. Ex.P1 is the death certificate of M.M.Aayanan, Ex.P2 is the original Will dated 09.02.1987, Ex.P3 is the death certificate of Papayee Ammal, who is the wife of M.M.Aayanan and Ex.P4 is sale deed dated 12.07.1982 executed in favour of M.M.Aayanan. P.W.2 is also one of the attesting witnesses. The other witness M.M.

filed.

3.

Taking into consideration all the records produced and the documents marked, the Original Petition stands allowed and Letters of Administration to be issued in accordance with rules. Such Letters of Administration shall have effect throughout the State of Tamilnadu. The petitioners are directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in the name of the Assistant Registrar (Original Side) of this Court. The petitioners are further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively.

Index :Yes/No 3/6

APPENDIX Petitioner's witness:

P.W.1 - Mr.M.A.Muthusethupathy P.W.2 - Mr.A.S.Bhakthavatchalam Documents marked:

Exhibits Documents P1 Original death certificate of M.M.Aayanan.

P2 Original Will dated 09.02.1987 executed by M.M.Aayanan. P3 Photocopy of the death certificate of Papayee Ammal (compared with the original) P4 Photocopy of the sale deed dated 12.07.1982 executed in favour of M.M.Aayanan. (compared with the original).

P5 Affidavit of assets showing the net value of the estate as Rs.1,13,18,040/-.

P6 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 05.11.2023.

P7 Copy of the paper publication effected in one issue of English Daily "Trinity Mirror" dated 05.11.2023.

P8 Photocopy of the death certificate of M.M.Muthusamy (compared with the original).

P9 The photocopy of the legal heir certificate of Papayee Ammal (compared with the original).

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C.V.KARTHIKEYAN, J.

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