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Madras High CourtOP/81/2023allowed

Leo V F v. Susaimary And 5 Others

2024-04-30Honourable Mr Justice C.V. Karthikeyan4 pages

O.P.No.81 of 2023 C.V.KARTHIKEYAN, J.

This petition has been filed seeking Letters of Administration with the Will annexed and executed by A.Arokiyamary, the paternal grand mother of the petitioner who died on 27.11.2018, after executing the Will dated 14.05.2009.

2. The respondent Nos.1 to 3 are the daughters of the Testatrix and the respondent Nos.4 to 6 are the daughters of the petitioner and also grand daughters of the Testatrix. All the respondents have given their consent affidavit even when the petition was filed.

3. After the following due procedure, the petitioner was directed to tender evidence. Accordingly, the petitioner had examined himself as P.W.1 and marked as Ex.P1 - the Will dated 14.05.2009, the death certificate of the Testatrix as Ex.P3, the death certificate of the other 1/4

family members and the legal heirship certificate as Exs.P4 - P7 and the copy of the sale deed of the property which is the subject matter as Ex.P2. The petitioner thereafter examined as P.W.2, Mr.Jesu Thangaraj who was one of the attesting witnesses and who identified the Will and also identified the signature of the Testatrix and also asserted that she was in a sound and disposing state of mind and that the attesting witness including himself and the Testatrix signed the will, at the same time, in the presence of each other signed the Will and attested the Will.

4. Taking into consideration, evidence recorded and the documents produced, this petition stands allowed.

5. Registry is directed to issue Letters of Administration in accordance with Rules. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioner is directed to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of the 2/4

Assistant Registrar (O.S.II) High Court, Madras. The petitioner is further directed to render true and correct accounts once in a year. 30.04.2024 jas 3/4

C.V.KARTHIKEYAN,J.

jas O.P.No.81 of 2023 30.04.2024 4/4