A.Kanniappan And 3 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2024

CORAM

THE HONOURABLE MS.JUSTICE C.V.KARTHIKEYAN 1.A.Kanniappan 2.K.Santhiya Rani 3.K.Saravanan (minor) 4.K.Sathasivam (minor) ... Petitioners (Minor petitioners 3 and 4 are rep. by their father and natural guardian, the 1st petitioner/A.Kanniappan) PRAYER: Original Petition filed under Section 276 of the Indian Succession Act, 1925, read with Order XXV Rule 5 of O.S. Rules to grant Letters of Administration of the Will annexed properties and credits to have effect throughout the state of Tamil Nadu to the petitioners in common form.

For Petitioners : Mr. M.Vijay Anand

O R D E R

The petitioners seek Letters of Administration with respect to a Will dated 02.05.1971 executed by the maternal great grandfather of the petitioners, Kannappa Thambiran, who died on 26.08.1976. 1/7

2.

With respect to one of the suit schedule properties in the said Will, he had given a life interest to his wife Pattammal, who had also died long back. The date is not known to the petitioners. The maternal grandmother/daughter of Kannappa Thambiran and Pattammal, by name D.Sakunthala was given a right to enjoy one of the properties and she died on 26.05.1997. She left behind two sons and one daughter. The daughter is the mother of the petitioners. The two sons had died on 21.08.1997 and 06.06.2005 respectively. They did not leave behind any legal heirs. Under the Will, the petitioners are today the sole beneficiaries. They also had a brother who had also died as a bachelor in a motor vehicle accident. 3.

It is stated by the learned counsel for the petitioners that there are no other surviving legal heirs who could be impleaded as respondents if at all such a necessity is sought since nobody is there who has a caveatable interest with respect to grant of Letters of Administration to the Will. It is under those circumstances that this petition has been filed seeking Letters of Administration with respect to the Will dated 02.05.1971 of late Kannappa Thambiran, the maternal great grandfather of the petitioners. 4.

With respect to the delay in filing the petition, it is stated that since 2/7

the great grandmother and the grand mother both had either life interest or a right to enjoy the property, the petitioners were not in a position to file the application till their lifetime. The mother of the petitioners died on 25.01.2021 and it is under those circumstances that this petition has been filed seeking Letters of Administration.

5.

During the evidence, the 1st petitioner, A.Kanniappan was examined as P.W.1 and he marked Ex.P4 -certified copy of the Will dated 02.05.1971 and Exs.P5, P7, P9, P10, P13, P22 and P27, death certificates of the other family members. The relevant legal heirship certificates had also been produced as documents. He filed additional proof affidavit wherein he had stated that he was 9 years when the Will was executed and registered on 26.05.1971 therefore he was not able to, inspite of strenuous efforts taken, to produce any of the attesting witnesses. It is stated that the Will had been executed more than 50 years back. However, taking all the factors into consideration and the fact that it is clear that the petitioners have not suppressed any material facts, the Original Petition stands allowed and Letters of Administration to be issued in accordance with rules. Such Letters of Administration shall have effect throughout the State of Tamilnadu. The petitioners are directed to execute a security bond for a sum 3/7

of Rs.25,000/- (Rupees Twenty Five Thousand only) in the name of the Assistant Registrar (Original Side) of this Court. The petitioners are further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively. 08.04.2024 Index :Yes/No gsa APPENDIX Petitioner's witness:

P.W.1 - Mr.A.Kanniappan Documents marked:

Exhibits Documents P1 Certified copy of the release deed dated 02.05.1961. P2 Certified copy of the mortgage deed dated 22.04.1968. P3 Certified copy of the lease deed between Mr.Kannappa Tambiran and K.Durai dated 15.03.1969.

P4 Certified copy of the Will dated 02.05.1971 executed by Mr.Kannappa Tambiran (witness states that the original Will has been lost by his wife and steps were taken out by effecting paper publication in Tamil and English dailies and complaint was given before Inspector of Police, F5, Choolaimedu Police Station, Chennai - 94 and obtained non traceable certificate. This document is marked subject to its admissibility, proof and relevancy).

P5 The Photocopy of the death certificate of Mr.Kannappa Thambiran (compared with the original).

P6 Certified copy of the mortgage deed dated 30.10.1995. 4/7

Exhibits Documents P7 Photocopy of the death certificate of Mr.Durai (Compared with the original).

P8 Photocopy of the legal heirship certificate of Mr.Kannappa Thambiran (Compared with the original).

P9 Photocopy of the death certificate of Mr.D.Chitrarasu (compared with the original).

P10 The photocopy of the death certificate of Mr.D.Elango (compared with the original).

P11 Photocopy of my family card (compared with the original). P12 Photocopy of my Aadhaar Card (compared with the original). P13 Computer generated death certificate of Mrs.Sakunthala (compared with the original).

P14 Photocopy of the Aadhaar Card of the second petitioner (compared with the original).

P15 Photocopy of the Aadhaar Card of the third petitioner (compared with the original).

P16 Computer generated family card of Mrs.Valli.

P17 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 29.01.2019 with regard to lost of the original Will dated 02.05.1971.

P18 Copy of the paper publication effected in one issue of English Daily "Trinity Mirror" dated 29.01.2019 with regard to lost of the original Will dated 02.05.1971.

P19 Copy of the petition given by my wife to the Inspector of Police, F5, Choolaimedu High Road, Chennai 94 with regard to lost of original Will.

P20 Non traceable certificate dated 06.02.2019 issued by the Inspector of Police, F5, Choolaimedu Police Station, Chennai 94 for the lost Will.

P21 Computer generated legal heir certificate of Mrs.Sakunthala. P22 Computer generated death certificate of Mrs.Valli. P23 Computer generated legal heir certificate of Mrs.Valli. P24 Affidavit of assets showing the net value of the estate as Rs.5,00,00,000/-.

P25 Copy of the paper publication effected in one issue of Tamil Daily "Dina Thanthi" dated 14.12.2023.

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Exhibits Documents P26 Copy of the paper publication effected in one issue of English Daily "Trinity Mirror" dated 21.12.2023.

P27 Computer generated death certificate of Mr.Karthik. 12.04.2024 gsa 6/7

C.V.KARTHIKEYAN, J.

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