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Madras High CourtOP/219/2017allowed

Will (4) Of Kathayee Ammal v. Kesavan

2017-07-11Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) TUESDAY, THE 11TH DAY OF JULY 2017 THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN O.P.No.219 of 2017 In the matter of the Indian Succession Act XXXIX of 1925 And In the matter of Last will and Testament of Kathayee Ammal, deceased.

Mrs.P.Kupammal, W/o.R.Gopalakrishnan and D/o.Late Mrs.Kathayee Ammal, No.94, Plot No.429, (Rear Portion), 7th Cross Street, Trustpuram, Kodambakkam, Chennai-600 024.

... Petitioner -VsKesavan, S/o.Mr.Mari, No.94, Plot No.429, (Front Portion) 7th Cross street, Trustpuram, Kodambakkam, Chennai-600 024.

...Respondent

Original Petition praying that this Hon'ble Court be pleased to grant Letters of Administration with Will of the deceased testator dated 05.04.2006, annexed hereto to the petitioner as the daughter and heir apparent as the sole legatee under the will of the said deceased having effect limited to the State of Tamilnadu and to pass such other or further orders as this Hon'ble court may deem fit and proper in the circumstances of the case.

This Original Petition coming on this day before this court for hearing the court made the following order:

The respondent has contested to grant the letters of Administration with Will. It is stated that there is a last Will and testament dated 05.04.2006, executed by Mrs.Kathayee Ammal who died on 02.05.2006 in Chennai. The respondent objects to grant of the letters of Administration to the Petitioner. It is also stated that in respect of the Will, there are also two other Proceedings in TOS No.13 of 2015 and C.S. No.562 of 2011.

2. Since the grant of letters of Administration of the Will is being objected, office is directed to convert O.P. No.219 of 2017 into Testamentary suit and number the same, and post the matter before this Court.

3. Call again on 25.07.2017.

sd/-C.V.K.J.

11.07.2017 //Certified to be a true copy// Dated this the day of 2017.

EM/25.07.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.