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Madras High CourtOP/245/2017allowed

Will (4) Of S.Lakshmi v. Nirmala Ramkumar

2018-06-06Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 06TH DAY OF JUNE 2018 THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN O.P.No.245 of 2017 In the matter of Indian succession Act (XXXIX of 1925) And In the matter OF Last Will and Testament -(Deceased) K.Jayanthi, W/o.Senthil Vinayagam, Plot No.11 and 12, Iynthu Kinatru Amman Koil Street, Lakshmi Nagar, Cuddalore O.T Cuddalore District.

..Petitioner -VersusNirmala Ramakumar, W/o.Ramakumar, Mohan Singh Street, Cuddalore O.T Cuddalore District.

..Respondent This Original Petition pleased to that letters of Administration with the Will annexed may be granted to the petitioner as neice/beneficiary under the will of deceased having effect limited to the State of Tamil Nadu may be granted to her.

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

This Petition has been filed under Sections 232 and 276 of the Indian Succession Act, read with Order XXV Rule 5 of the High Court Original Side Rules, seeking Letters of Administration, with the Will annexed, dated 12.04.2006 of the deceased Testatrix, S.Lakshmi to

have effect limited to the State of Tamil Nadu.

2. This petition has been filed with respect to the Will dated 12.04.2006 said to have been executed by the deceased Testatrix, S.Lakshmi. The deceased Testatrix ordinarily resided at No.64/93, Dr.Ranga Road, Mylapore, Chennai and died on 21.06.2006. at Plot No.11 and 12, Inthu Kinatru Amman Koil Street, Lakshmi Nagar, Cuddalore O.T. The husband of the Testatrix, Suseelan died on 25.01.1991. They died without issues. The Petitioner and the Respondent, who are the daughters of the sister of the deceased Testatrix, are the only legal heirs of the Testatrix . At the time of her death, the deceased Testatrix left properties at Chennai within the jurisdiction of this Court.

3. It has been further stated that the Will was duly executed in the presence of the witnesses on 12.05.2006. The deceased Testatrix owned the Flat bearing Door No.5, Dr.Rangachari Road, Mylapore, Chennai4 with 1/6th undivided share in the land. There is no class I heirs. Since the Petitioner was under the impression that she will automatically inherit the property, the petition could not be filed in time and hence, there was a delay in filing the petition and the delay is neither wilful nor wanton. It has been further stated that the deceased Testatrix did not appoint any executor in the Will and the Petitioner is the only beneficiary under the Will.

4. It has been further stated that the amount of assets, which is likely to come to the hands of the Petitioners does not exceed in the aggregate to a sum of Rs.10,00,000/- and the amount of the said assets, after deducting all items which the Petitioners are by law allowed to deduct, is only of the value of Rs.10,00,000/- (Rupees ten lakhs only).

5. It has been further stated that the Plaintiff had impleaded all the next of kin or other

persons interested as parties/ Respondents. There is no other next kin or other person interested to be impleaded. It has been stated that no application has been made to any Court, seeking similar relief. There are two witnesses to the Will and they were present at the time of execution of the will and signed in the presence of the Testatrix.

6. The first witness, K.Nirmala is the Respondent herein and she refused to file an affidavit of an attesting witness. The second attesting witness, S.Vedavalli is no more. Hence, the Petitioner could not file affidavits of the attesting witnesses.

7. It has been stated that the Petitioner undertakes to duly administer the properties of the deceased Testatrix in any way concerning her will by paying first his debts and then legacies therein bequeathed so far as the assets will extend and to make a full and true inventory thereof and exhibit the same in this court within six months from the date of grant of Letters of Administration with the Will annexed to the Petitioner and also to render to this court a true account of the said property and credit within one year from the said date. It is prayed that the Letters of Administration with the Will annexed may be granted to the Petitioner.

8. After following the due procedures, the matter was placed before the Master for recording evidence. Before the Master, on the side of the Petitioners, the Petitioner was examined as P.W.1. Since it was represented that both the attesting witnesses were not available, one G.Palanisamy, a third party was examined as PW.2 to confirm the signature of one of the attesting witness, S.Vedavalli. The following documents were marked as Ex.P1 to Ex.P6:- 1.Ex.P1 is the unregistered Will and Testament dated 12.04.2016.

2.Ex.P2 is the original death certificate of the Testatrix.

3.Ex.P3 is the copy of the death certificate of the husband of the Testatrix .

4.Ex.P4 (series 2 nos.) are the copies of paper publication effected in one issue of Tamil Daily, "Malai Sudar', dated 8.12.2017 and one issue of English Daily, News Today, dated 15.12.2017, respectively.

5.Ex.P5 is the affidavit of assets showing the net value of the property as estate is Rs.10 lakhs.

6.Ex.P6 is the affidavit of PW.2.

9. On the side of the Respondent, who is said to be one of the attesting witnesses, in spite of sufficient opportunity, by way of notice and general paper publications, no evidence was let in to rebut the claim of the Petitioner. Hence, the Respondent is set exparte.

10. In the evidence, the PW.2 has deposed as follows:- "I am third party to these proceedings. Mrs.S.Lakshmi, the Testatrix of Ex.P1, was my neighbour. I used to accompany the Testatrix to the Bank and she signed in the Bank withdrawal slips several times before me. As such, I am well acquainted with her as well with her signature. I identify the signature at the foot of every page of Ex.P1 Will as that of Mrs.S.Lakshmi. I am also well

acquainted with one of the attesting witnesses S.Vedavalli, who is a sister of the Testatrix . The said S.Vedavalli was residing with the Testatrix during her last days. I am also well acquainted with the signature of S.Vedavalli.

I identify the signature available as against the column of the 2nd attesting witness in Ex.P1 Will as that of S.Vedavalli. I have filed my affidavit in this regard. Ex.P6 is my affidavit."

11. Considering the averments made in the petition and on perusing the materials available on record and the oral and documentary evidence, I am satisfied that the Petitioner is entitled for grant of Letters of Administration.

12. Accordingly, this Original Petition is allowed.

Issue Letters of Administration in favour of the petitioner. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioner is also directed to execute a security bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) in favour of the Assistant Registrar (O.S.II), High Court, Madras. The petitioner is further directed to render true and correct accounts once in a year.

Sd/.C.V.K.J 06.06.2018 //Certified to be a true copy// Dated this the th day of 2018. KY/07.06.2018 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.