Madras High CourtOP/594/2013allowed

Will Of Shamrao Rajaram Rao v.

2019-03-15Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 15TH DAY OF MARCH, 2019 THE HON'BLE MRS. JUSTICE R.SUBRAMANIAN O.P.No.594 OF 2013 In the matter of the Indian Succession Act, 1925 (ACT XXXIX OF 1925) And In the Matter of the Last Will and Testament dated 10.02.1994 of Mr.Shamrao Rajaram Rao @ s.Rajaram Rao (Deceased) 1.Smt.Rajshree Surendranath Gaitonde W/o Surendranath Gaitonde D/o Lat Sri Sham Rao Rajaram Rao, 4387, Vigusell Circle,Carmichael, Ca 95608, USA.

Tmporarily Now come down to Chennai

2. R.Rajmohan Rao S/o Sri Sham Rao Rajaram Rao at O.No.4 N.No.11, park street, Kilpauk Garden Colony, Chennai.-600 010.

... Petitioners Original petition praying that this Hon'ble Court be pleased to grant Letters of Administration with a Will annexed to the 2nd Petitioners as the son/one of the legatees undet the Will of the said deceased having effect throughout the State of Tamilnadu.

This Original Petition coming on this day before this Court for hearing, the Court made the followings order:- The petitioners seek issuance of letters of administration with the Will annexed for the Will dated https://hcservices.ecourts.gov.in/hcservices/ 10.02.1994 executed by Sri Shamrao Rajaram Rao, who died on 23.01.1997.

2. The petitioners are the daughter and son of the deceased. The second petitioner has been examined as P.W.1, he has produced the original death certificate of the testator as Ex.P2, the original unregistered Will has been produced as Ex.P3. The first petitioner has filed a consent affidavit expressing her consent for grant of letters of administration in favour of the second petitioner. The petitioners have also examined one Mrs.Ruth Anjalika Ramji as P.W.2, as a person acquainted with the signatures of the testator and the attesting witnesses. P.W.2 happens to be the daughter of one of the attesting witnesses, Dr.A.Sarojini Samuels.

3. In view of the evidence, it is found that the execution of the Will is proved and entitled to letters of administration in respect of the Will dated 10.02.1994 in favour of the second petitioner. Second petitioner shall execute a bond for Rs.25,000/-.

Sd/.R.S.M.J.

15.03.2019 //Certified to be a true copy// Dated this the day of 2019.

GJM/2.4.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/