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Madras High CourtOP/836/2015decreed

Will Of Tp.Raju Mudaliar v. R.Dhanalakshmi (Died)

2019-07-26Honourable Mr Justice R. Subramanian2 pages

O.P.No. 836 of 2015 R.SUBRAMANIAN, J.

The petitioner seeks issuance of letters of administration in respect of the Will dated 28.05.1982 said to have been executed by T.P.Raju Mudaliar, who died on 12.01.1990.

2. The petitioner is the son of T.P.Raju Mudaliar. The respondents 1 to 4 are the daughters and 5th respondent is the grand daughter of Raju Mudaliyar. The first respondent died pending proceedings and respondents 6 to 9 were impleaded as her legal representatives. Though the 4th respondent appeared through counsel, Mr.Prabhakar, learned counsel appearing for the 4th respondent reports no instruction. His Vakalat has also been returned on 02.03.2016.

3. The petitioner has examined himself as P.W.1. He has produced the death certificate of T.P.Raju Mudaliyar as Ex.P1 and the original Will has been marked as Ex.P2, it is a registered instrument. The death certificate of Jegadambal, wife of Raju Mudaliyar has been filed as Ex.P3 and the legel heirship certificate of Jegadambal has been marked as Ex.P4. Respondents 1, 2, 3 and 5 have given their consent affidavits and the same have been marked as Exs.P8, P9, P10 & P11 respectively. Publications have been made and no objections have been received. The petitioner has also examined one R.Anandan http://www.judis.nic.in

R.SUBRAMANIAN, J.

kkn as P.W.2. He is son the of the attesting witness, K.M.Raju. He has identified the signature of his father in the Will dated 28.05.1982.

4. In view of the evidence available, I find that the petitioner has proved the execution of the Will and is entitled to letters of administration with the copy of the Will annexed. In fine, this original petition is allowed granting letters of administration with the copy of the Will annexed in favour of the petitioner. Petitioner shall execute a bond for Rs.10,000/-. 26.07.2019 kkn O.P.No. 836 of 2015 http://www.judis.nic.in