Sudha Sethuraman v. N.Y.Lakshmi And 3 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:26.04.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Sudha Sethuraman ... Petitioner Vs 1.N.Y.Lakshmi 2.Shriya Sethuraman 3.P.B.Jawahar 4.K.Iyyamani ... Respondents PRAYER: Original Petition filed for issuance of Letters of Administration under Section 232 & 276 of the Indian Succession Act, r/w.XXV Rule 5 of the Original Side Rules, prays that the Letters of Administration with the Will annexed may be granted to her as the niece beneficiary in the last Will and testament of the said deceased Mrs.Visalakshi Narasimhan. For Petitioner : Mr.G.Poonkundran For Respondents : No appearance
ORDER
This Original Petition has been filed for issuance of Letters of Administration in respect of the Will dated 13.01.2014 executed by late Visalakshi Narasimhan, who died on 06.10.2020. The petitioner is the niece, 1/5
who is the sister's daughter of the testatrix. The first respondent is the sister, who is the mother of the petitioner, second respondent is the daughter of the petitioner, who is also the granddaughter of the first respondent, third respondent is the son of P.S.Babu, who is the brother in-law of the testatrix, and the fourth respondent is the father of the petitioner herein, who is also the brother in-law of the testatrix. The petitioner and the first to third respondents are the beneficiaries under the Will. The testatrix has appointed the fourth respondent as an executor under the Will. The petitioner seeks issuance of Letters of Administration in respect of the properties situate within the jurisdiction of this Court.
2. The petitioner has been examined as P.W.1. She has produced the death certificates of the testatrix Visalakshi Narasimhan and P.S.Narasimhan (husband of the testatrix) as, Exs.P7 and P4. The Original registered Will dated 13.01.2014, has been produced as Ex.P5. Despite the notice served had duly received by the respondents none had chosen to appear before this Court either in person or through their counsel. Pursuant to the general publications made, any objections have not been received, from the respondents herein or from any other person. 2/5
3. The petitioner has examined one Mr.C.Viswanathan, who is the first attesting witness to the said Will as P.W.2. He has spoken about the execution of the Will by the testatrix and its attestation by himself and Mr.C.Balasubramanian.
4. In view of the above, this Original Petition is ordered and Letters of Administration is granted in favour of the petitioner, in respect of the Will dated 13.01.2014 of the testatrix Visalakshi Narasimhan. The petitioner is 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 petitioner is further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively. 26.04.2023 gba Index :Yes/No Speaking order: Yes/ No Petitioners' witness:
3/5
P.W.1 - Mrs.Sudha Sethuraman P.W.2 - Mr.C.Viswanathan Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the memorandum of agreement dated 30.09.1981 Ex.P2 Photocopy of the registered Sale Deed 02.12.1981 in favour of Mrs.Visalakshi Narasimhan which was registered as Document No.4586 of 1981 before the Joint Sub-Registrar, Saidapet Ex.P3 Photocopy of the Joint Accout pass book of Central Bank of India, Aydar Branch standing in the names of Mrs.Visalakshi Narasimhan and Mrs.N.Y.Lakshmi Ex.P4 Computer generated death certificate of P.S.Narasimhan Ex.P5 Original registered Will dated 13.01.2014 executed by Mrs.Visalakshi Narasimhan which was registered as document No.2 of 2014 before the Sub-Registrar, Adyar Ex.P6 Photocopy of the Aadhar card of Mrs.Visalakshi Narasimhan Ex.P7 Computer generated death certificate of Mrs.Visalakshi Narasimhan Ex.P8 Photocopy of the Aadhar card of Mrs.N.Y.Lakshmi Ex.
P9 Photocopy of petitioner's Aadhar card Ex.P10 Photocopy of the receipt given by the 3rd respondent Ex.P11 Affidavit of assets showing the net value of the estate as Rs.75,00,000/- Ex.P12 Copy of paper publication effected in one issue of English daily "Trinity Mirror"dated 18.12.2022 Ex.P13 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural"dated 27.12.2022 Ex.
26.04.2023 gba K.KUMARESH BABU,J.
gba 26.04.2023 5/5