B.Jayavelu And 3 Others v. D.Vatchala And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.B.Jayavelu 2.B.Sugumaran 3.B.Thirunavukkarasu 4.B.Sundaravadivel ... Petitioners Vs 1.D.Vatchala 2.J.Parimala 3.Parameswari ... Respondents PRAYER: Original Petition filed for issuance of Letters of Administration under Section 232 & 276 of the Indian Succession Act, r/w.XXV Rule 5 of the Original Side Rules, prays that the Letters of Administration with the Will annexed may be granted to the petitioners as sons/ beneficiaries under the Will of the deceased.
For Petitioners : Mr.B.K.Girish Neelakantan For Respondents : Mr.P.Kannan Kumar
ORDER
This Original Petition has been filed for issuance of Letters of Administration in respect of the Will dated 09.06.2010 executed by late 1/5
M.Meenambal, who died on 11.07.2013. The petitioners are the sons and the respondents are the daughters of the testatrix. The petitioners are the legatees under the said Will and the testatrix has not appointed any one as an executor under the said Will. The petitioners seek issuance of Letters of Administration in respect of the properties situate within the jurisdiction of this Court.
2. The 1st petitioner has been examined as P.W.1. He has produced the death certificates of the testatrix M.Meenambal and V.P.Balasundaram (husband of the testatrix) as, Exs.P2 and P3. The Original Will dated 09.06.2010 has been produced as Ex.P1, and the legal heirship certificate of the testatrix is produced as Ex.P4. A perusal of Ex.P4 shows that the petitioners and the respondents are the only surviving Class-I legal heir of the testatrix. The respondents 1 to 3 had expressed their consent to grant Letters of Administration in favour of the petitioners and their consent affidavits are marked as Exs.P9 to P11. A paper publication has been made and any objections have not been received.
3. The petitioner has examined one Mrs.D.Vatchala, who is the first attesting witness to the said Will as P.W.2. She has spoken about the 2/5
execution of the Will by the testatrix and its attestation by herself and Mrs.Parimala.
4. In view of the above, this Original Petition is ordered and Letters of Administration is granted in favour of the petitioners, in respect of the Will dated 09.06.2010 of the testatrix M.Meenambal. The petitioners are directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in the name of the Assistant Registrar (Original Side) of this Court. The petitioner are further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively.
Index :Yes/No Speaking order: Yes/ No Petitioner's witness:
P.W.1 - Mr.B.Jayavelu P.W.2 - Mr.D.Vatchala Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Original Will dated 09.06.2010 executed by 3/5
Exhibits Documents Mrs.M.Meenambal Ex.P2 Computer generated death certificate of Meenambal Ex.P3 Computer generated death certificate of V.P.Bala Sundaram Ex.P4 Original of the legal heirship certificate of Meenambal Ex.P5 Photocopy of the Sale Deed dated 24.06.1950 Ex.P6 Photocopy of the Sale Deed dated 29.10.1956 Ex.P7 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 14.12.2022 Ex.P8 Copy of paper publication effected in one issue of English daily "Trinity Mirror" dated 22.12.2022 Ex.P9 Consent affidavit given by the 1st respondent Ex.P10 Consent affidavit given by the 2nd respondent Ex.P11 Consent affidavit given by the 3rd respondent Ex.P12 Affidavit of assets showng the net value of the estate as Rs.10,00,000/- Ex.P13 Affidavit of the attesting witness PW2 4/5
K.KUMARESH BABU,J.
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