Will Of K.Sivabushanammal v. K.Jagadeeswari Ammal

O.P.No. 884 of 2013 R.SUBRAMANIAN, J.

The petitioner seeks issuance of letters of administration for the copy of the Will annexed in respect of the last Will and testament of K.Sivabushanammal dated 04.05.1987. The said K.Sivabushanammal died on 10.07.1987.

2. The petitioner is the son of K.Sivabushanammal. The first respondent is the daughter and the second respondent is the daughter-in-law ( wife of the petitioner). She died pending the petition. The respondents 5 to 7 are the children of the petitioner, who have been brought on record as the legal heirs of the deceased second respondent. The respondents 3 and 4 have remained exparte, despite service. The first respondent has filed her consent affidavit even at the time of filing the petition. She has not appeared either in person or through counsel to oppose the grant. The petitioner has examined himself as P.W.1. He has produced the original registered Will as Ex.P1. The death certificate of K.Sivabushanammal has been filed as Ex.P2 and the death certificate of K.Sundarabai, one of the sisters of the petitioner has been filed as Ex.P3.

The consent affidavits of the 1st respondent and the respondents 5, 6 and 7 have been marked as Exs.P5 to P8 respectively. The petitioner has also examined one R.Mohan as P.W.2. He has spoken about the execution of the Will by the testatrix and its attestation by himself along with M.S.Venkatachalam, G.Chitibabu and R.Venugopal.

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R.SUBRAMANIAN, J.

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3. Considering 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 in respect of the Will dated 04.05.1987 in favour of the petitioner. The petitioner shall execute a bond for Rs.10,000/-. 26.07.2019 kkn O.P.No. 884 of 2013 http://www.judis.nic.in