Certified Copy Of Will (11) v. Saraswathy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 24TH DAY OF APRIL, 2019 THE HON'BLE MRS. JUSTICE R.SUBRAMANIAN O.P.No.45 OF 2018 In the matter of Indian Succession Act XXXIX of 1925 AND In the matter of the Certified copy of Will and Testament of Late.R.Venkatachala Naicker V.Seethapathy S/o.Late.R.Venkatachala Naicker 2/30 Pillayar Koil Street, Malayambakkam (North Village) Chennai 600 123 ... Petitioner Vs.
1.Saraswathy W/o.Late.R.Venkatachala Naicker 2/30 Pillayar Koil Street, Malayambakkam (North Village) Chennai 600 123 2.Shenbagavlli D/o.Late.R.Venkatachala Naicker 72/29 Ellaiamman Koil Street, West Mambalam Chennai 600 033 3.Varadarajan S/o.Late.R.Venkatachala Naicker 2/71, Perumal Anjaneyar Sannathi Street, Agaramel Village Chennai 600 123 4.Sampath S/o.Late R.Venkatachala Naicker Correspondent M.S.J.M.Hindu Vidyalaya Higher Secondary School Meppur Road Chennai 600 123
5.Anandan S/o.Late.Venkatachala Naicker 2/30, Pillayar Koil Street, Malayambakkam (North Village) Chennai -600 123 6.Umapathy Govindasamy Street Agramel Village Via Nazarathpet Chennai 600 123 7.H.Vijayalakshmi Wife of (late) Harikrishnan 8.H.Sarath Kumar 9.Mahalakshmi
10. Nithya Lakshmi (minor) Rep.by mother and guardian, H.Vijayalakshmi Respondents 7 to 10 residing at 2/30, Pillayar Koil Street Malayambakkam (North Village) Chennai 600 123 11.K.Malathi W/o.LAte.Kannan 12.Gokul Kumar 13.Nitish Kumar Respondents 10 to 13 residing at 2/30, Pillayar Koil Street Malayambakkam (North Village) Chennai 600 123 14.S.Vijayakumar 2/30 Pillayar Koil Street, Malayambakkam (North Village) Chennai 600 123 15.S.Padmapriya 2/30, Pillayar Koil Street, Malayambakkam (North Village) Chennai 600 123 ...Respondents Original petition praying that this Hon'ble Court that the Letters of Administration with the will annexed may be granted to the Petitioner as one of the legatees (son) under the Will of the deceased, giving effect limited
to the State of Tamil Nadu.
This Original Petition coming on this day before this Court for hearing, the Court made the followings order:- This application has been filed seeking Letters of Administration for the last Will and Testament of late Mr.R.Venkatachala Naicker dated 04.04.2006.
2.The said Mr.R.Venkatachala Naicker died on 10.03.2008. The petitioner is the son and legatee. The respondents are the other legal heirs of the deceased Mr.R.Venkatachala Naicker. The respondents 4, 13 and 14 are appearing through counsel. They have no objection for granting Letters of Administration as prayed for. The other respondents though served are not appearing either in person or though counsel.
3.The petitioner has been examined as PW1. He has produced the death certificate of Mr. R.Venkatachala Naicker as Ex.P1 and the certified copy of the Will has been produced as Ex.P2. The legal heirship certificate has been produced as Ex.P3. The petitioner has also examined one Mr.Muthuswamy as PW2. He has identified the signature of Mr.P.Muthu one of the attesting witnesses. 4.From the evidence, I find the petitioner has proved the Will and is entitled to Letters of Administration as prayed for. Hence this Original Petition is allowed grating Letters of Administration for the Will dated 04.04.2006 with a copy of the Will annexed.
The petitioner shall 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. Sd/.R.S.M.J 24.04.2019 //Certified to be a true copy// Dated this the day of 2019.
COURT OFFICER TE/09/05/2019 From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.