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Madras High CourtOP/262/2022allowed

Sanjeevi Sundaresan v. S.Chandra And 2 Others

2022-11-17Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No.262 of 2022 O.P.No.262 of 2022 C.V.KARTHIKEYAN,J., The Original Petition has been filed seeking Letters of Administration relating to the Will dated 15.01.2007, executed by G.S.Natarajan, the grandfather of the petitioner, who died on 07.04.2015. 2.The 1st respondent is the wife of N.Sundaresan, who was one of the son of G.S.Natarajan. The 2nd and 3rd respondents are his daughters. There was another son N.Balasubramanin, who died on 12.07.2016 as a bachelor.

3.The petitioner is also a son of the 1st respondent. 4.After following due process, the petitioner was directed to tender evidence.

5.The original Will dated 15.01.2007, was marked as Ex.P-2. The Death Certificate of G.S.Natarajan and Legal Heirship Certificate were marked as Exs.P-3 and P-4. The Death Certificate of N.Sundaresan, father of the petitioner was marked as Ex.P-5 and the Death Certificate of N.Balasubramanian, the paternal uncle of the petitioner was marked as Ex.P-6. It is stated that one of the attesting witness was an advanced aged person and he could not tender evidence and the other attesting witness T.R.Ramanathan had died. The affidavit of assets were marked as 1/2 https://www.mhc.tn.gov.in/judis

O.P.No.262 of 2022 C.V.KARTHIKEYAN,J., kp Ex.P-11. The consent affidavits filed by the 1st, 2nd and 3rd respondents were marked as Exs.P.12 - P.14.

6.In view of the fact that the one of the attesting witness was of advanced age and the other witness T.R.Ramanathan, had died, the petitioner had examined under Section 69 of the Indian Evidence Act, 1872, the wife of T.R.Ramanathan-Mrs.Rajeswari Ramanathan as PW-2. She identified the signatures in the Will. She filed her affidavit which was marked as Ex.P-17.

7.In view of the evidence presented, Letters of Administration is granted to the petitioner. The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in the name of the Assistant Registrar (Original Side), High Court of Madras. 17.11.2022 kp O.P.No.262 of 2022 2/2 https://www.mhc.tn.gov.in/judis