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Madras High CourtOP/251/2022allowed

D.Nirendrasubhashan And Another v. D.Sarojini And 3 Others

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

O.P.No. 251 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 16.08.2010 executed by N.Duraisamy, the father of the petitioners and who died on 11.08.2019.

2.

The first respondent is his widow and the fourth respondent is the widow of the pre-deceased son and the second and third respondents are the children of the fourth respondent. After following due procedure, the petitioners were invited to adduce evidence. The second petitioner examined herself as PW-1. The death certificate of her father N.Duraisamy was marked as Ex.P-1 and the legal heirship certificate was marked as Ex.P-2. The original Will dated 16.08.2010 was marked as Ex.P-4. The consent Affidavits of the first, second and fourth respondents for herself and also on behalf of the third respondent were marked as Exs. P-5 to P-7.

3.

Thereafter, the petitioner also examined R.Ramesh as PW-2, who was one of the attesting witnesses. He was related to N.Duraisamy. He also stated that he and the other attestor M.Srinivasan saw N.Duraisamy signing the Will at C.V.KARTHIKEYAN, J.

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

vsg each page under Ex.P-4. He had also gone to the office of the Sub Registrar Office and he has filed affidavit which was marked as Ex.P-11.

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

(b) The petitioners are directed to duly administer the said properties of the deceased.

(c) The petitioners are 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 petitioners are further directed to render true and correct accounts once in a year.

01.11.2022 Index:Yes/No Internet :Yes/No vsg https://www.mhc.tn.gov.in/judis