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Madras High CourtOP/267/2022allowed

P.Nagarajan v. Nil

2022-11-01Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No. 267 of 2022 C.V.KARTHIKEYAN, J.

This Petition has been filed under Section 232 and 276 of the Indian Succession Act 1925, seeking grant of Letters of Administration with Will annexed relating to the Will dated 02.09.2020 executed by P.Ramanathan, the brother of the petitioner and who died on 01.08.2021.

2.

In the said Will, the petitioner was the sole beneficiary. The wife of P.Ramanathan, Mrs. G.Annapurna had predeceased him and had died on 02.09.2019. It had been very specifically stated that there are no other class-I or class-II legal heirs. 3.

During evidence, the petitioner examined himself as PW-1. The original Will was marked as Ex.P-1. The death certificate of P.Ramanathan was marked as Ex.P-4 and the death certificate of his wife Mrs.G.Annapurna was marked as Ex.P-2. The legal heirship certificate of Mrs.G.Annapurna was marked as Ex.P3. The affidavit of assets were marked as Ex.P-10. 4.

The petitioner also examined Thyagarajan as PW-2, who was one of the attesting witnesses. He specifically stated that P.Ramanathan was in a sound and disposing state of mind and he also identified the Will. He also stated that he and the other attesting witness V.D.Krishnamurthy saw Mr.P.Ramanathan signing C.V.KARTHIKEYAN, J.

https://www.mhc.tn.gov.in/judis

vsg the Will and both of them also signed as attestors to the Will. His affidavit was marked as Ex.P-13.

5. In view of the nature of evidence adduced, this Original Petition stands allowed as follows:- (a) the letters of administration shall be issued in favour of the petitioner in respect of the properties mentioned in the petition.

(b) The petitioner is directed to duly administer the said properties of the deceased.

(c) The petitioner is also directed to execute a security bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) in favour of the Assistant Registrar (O.S-II), High Court, Madras. (d) The petitioner is further directed to render true and correct accounts once in a year.

01.11.2022 Index:Yes/No Internet :Yes/No vsg O.P.No. 267 of 2022 https://www.mhc.tn.gov.in/judis