Vasuki Ravi v. Aruna S And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Vasuki Ravi ... Petitioner Vs 1.Aruna S 2.Sivaraman Rajamani ... 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 petitioner as the daughter/ beneficiary under the Will of the deceased.

For Petitioner : Mr.K.Balajee For Respondents : No appearance

ORDER

This Original Petition has been filed for issuance of Letters of Administration in respect of the Will dated 02.02.2015 executed by late G.R.Rajamani, who died on 17.08.2019. The petitioner and 1st respondent are the daughters and 2nd respondent is the son of the testator. The testator 1/5

has bequeathed his property morefully described in the schedule herein in name of his wife T.R.Vijayalakhsmi to enjoy the possession of the property until her life time and after her demise the property shall devolve upon the petitioner herein. The wife of the testator had deceased on 17.10.2021. Now, the petitioner is the beneficiary under the said Will. The petitioner seeks issuance of Letters of Administration in respect of the properties situate within the jurisdiction of this Court.

2. The petitioner has been examined as P.W.1. She has produced the death certificates of the testator G.R.Rajamani and his wife T.R.Vijayalakhsmi, as Exs.P3 and P5. The Original Will dated 02.02.2015 has been produced as Ex.P2, and the legal heirship certificate of the testator is produced as Ex.P4. A perusal of Ex.P4 shows that the petitioner and the respondents are the only surviving Class-I legal heir of the testator. The respondents 1 and 2 had expressed their consent to grant Letters of Administration in favour of the petitioner and their consent affidavits are marked as Exs.P6 and P7. A paper publication has been made and any objections have not been received.

3. The petitioner has examined one Mr.K.Ganapathy, who is the 2/5

second attesting witness to the said Will as P.W.2. He has spoken about the execution of the Will by the testator and its attestation by himself and Mr.S.Shanmugam.

4. In view of the above, this Original Petition is ordered and Letters of Administration is granted in favour of the petitioner, in respect of the Will dated 02.02.2015 of the testator G.R.Rajamani. The petitioner is 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 is 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 - Mrs.Vasuki Ravi P.W.2 - Mr.K.Ganapathy 3/5

Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Photocopy of the Sale Deed dated 08.02.2005 in favour of Dr.G.R.Rajamani Ex.P2 Original registered Will dated 02.02.2015 executed by Dr.G.R.Rajamani Ex.P3 Photocopy of the death certificate of Mr.G.R.Rajamani Ex.P4 Photocopy of the legal heirship certificate dated 06.09.2019 of Mr.G.R.Rajamani Ex.P5 Computer generated death certificate of Mrs.T.R.Vijayalakshmi Ex.P6 Consent affidavit given by the 1st respondent Ex.P7 Consent affidavit given by the 2nd respondent Ex.P8 Affidavit of assets showing the net value of the estate as Rs.33,50,000/- Ex.P9 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 01.12.2022 Ex.P10 Copy of paper publication effected in one issue of English daily "Trinity Mirror" dated 08.12.2022 Ex.P11 Affidavit of the attesting witness PW2 4/5

K.KUMARESH BABU,J.

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