Will (3) R.Rajaiah v. Usha Chandrasekar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 26TH DAY OF MARCH 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P. No.365 of 2018 In the matter of Indian Succession Act XXX1X of 1925 and In the matter of the Last Will and Testament of R.Rajiah (Deceased)

1. R.Fredrick Basker S/o Late R.Rajaiah Old No.26A, New No.34, North Crescent Road, T.Nagar, Chennai - 600 017.

2. R.Daniel Mdhukar S/o Late R.Rajaiah Old No.26A, New No.34, North Crescent Road, T.Nagar, Chennai - 600 017.

... Petitioners -Versus1.Usha Chandrasekar W/o Dr.Samuvel No.17B/1, Samanagar Tirupathur Tirupathur Taluk Vellore District.

2. Alfred Ramesh S/o Late Rajaiah 58-4, Kirappati Colony Main Road, Trichy District 620 012.

... Respondents Original Petition praying that this Hon'ble Court be pleased that letter of Administration with the will annexed may be granted to them beneficiaries of he deceased having effect throughout the State of Tamil Nadu.

https://hcservices.ecourts.gov.in/hcservices/ This Original Petition coming on this day before this court for hearing, the court made the following order:

The petitioners seek issuance of letters of administration with the Will annexed for the last Will and testament of R.Rajaiah dated 15.02.1999. The said Rajaiah died on 16.12.2008.

2. The petitioners are the sons, while the first respondent is the daughter and the second respondent is another son of the deceased Rajaiah. The deceased Rajaiah's wife Mrs.Helen Rajaiah died on 06.07.2012. The first petitioner has been examined as P.W.1, he has produced the original Will dated 15.02.2009 as Ex.P1 and the death certificate of R.Rajaiah as Ex.P2. The legal heirship certificate of the testator Rajaiah has been filed as Ex.P3. Ex.P3 reveals that the petitioners and the respondents are the legal heirs and the wife of Rajaiah died on 06.07.2012. The respondents have filed their consent affidavits expressing their consent for grant of letters of administration with the Will annexed in favour of the petitioners.

3. The petitioners examined one T.E.Swittens as P.W.3. The said witness is the brother's son of Mrs.Helen Rajaiah, who is an attesting witness to the said Will. The said witness has identified the signature of the attestor as well as the testator found in the Will.

4. In view of the said evidence, I find that the petitioners are proved the Will and they are entitled to letters of administration with the copy of the Will annexed. Hence, the original petition is allowed granting letters of administration with the Will annexed in favour of the petitioners. Petitioners shall execute a bond for Rs.25,000/-.

Sd/.R.S.M.J.

26/03/2019 //Certified to be a true copy// Dated this the th day of 2019. GJM/10.04.2019 COURT OFFICER From 25.09.2008 th e Registry is issuing certified copies of the Order/Judgment Decree in this format. https://hcservices.ecourts.gov.in/hcservices/