Will (10) Of v. Mrs.Mythili Srinivasan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 18TH DAY OF JULY 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P.No.525 of 2018 In the matter of the Indian Succession Act XXXIX of and In the matter of the Last Will and Testament of T.Srinivasan (Deceased) S.SUNDARARAJAN S/o.Late T.Srinivasan, 2nd Floor, Plot No.31, Ranga R Garden, 12th Cross Street, Chinna Neelangarai, Chennai- 600115.
..Petitioner -Vs1.MRS.MYTHILI SRINIVASAN W/o.Late T.Srinivasan, 192, West Chitra Street, Srirangam, Tiruchirapalli - 620006
2. MRS.PADMASANI SRINIVASAN D/o.Late T.Srinivasan, M 16/1, 28th Cross Street, Besant Nagar, Chennai- 600020
3. MRS.LAKSHMI GOPALAN D/o.Late T.Srinivasan, F-603, Mantri Synergy Apartments, O.M.R., Padur, Chennai- 603103.
4. MRS.KASTHURI SUDARSANAN D/o.Late T.Srinivasan II Floor, Ram Manor, Sathya Garden, 42, M.G.Chakrapani Street, Saligramam, Chennai- 600093. And also at:- 5, Princeton Avenue, 2nd Floor, Staten Island, New York-10306.
5. MRS.MALA NARASIMHAN D/o.Late T.Srinivasan, I Floor, Ram Manor, Sathya Garden 42, M.G.Chakrapani Street, Saligramam, Chennai ..Respondents
Original Application praying that this Hon'ble Court be pleased that Letters of Administration with the Will annexed may be granted to the petitioner as the son/the legatee under the Will of the said deceased having effect limited to the State Tamil Nadu The Original Petition coming on this day before this Court for hearing, the court made the following order: The petitioner seeks issuance of Letters of Administration for the Will dated 07.11.2014 executed by late T.Srinivasan who died on 27.10.2016.
2. The petitioner is the son and the respondents are the wife and daughters of the deceased T.Srinivasan. The wife of the petitioner has been examined as PW1. She has produced the authorization letter given by the petitioner authorizing her to depose as Ex.P1. The original Will has been filed as Ex.P2. The death certificate of late T.Srinivasan has been filed as Ex.P3 and the legal heirship certificate has been filed as Ex.P4.
3. A perusal of Ex.P4 discloses that the petitioner and the respondents are the legal heirs of the deceased T.Srinivasan. The learned counsel appearing for the respondents has made an endorsement therein that he is not cross examining the witness. Mr.P.Sam Japa Singh, learned counsel appearing for the respondents would submit that the respondents have no objection for grant of Letters of Administration in favour of the petitioner. General Publication has been effected as required under law and no objections have been received.
4. petitioner has also examined one Mythili Srinivasan (1st respondent) as PW2. She is an attesting witness to the Will. She has deposed about the execution of the Will by her husband and its attestation by herself and one Parvathi. The other Attestor Parvathi has been examined as PW3. She has also spoken about the execution of the Will by the Testator and its attestation by herself and PW2.
5. In the light of the above evidence, I am satisfied that the petitioner has proved the Will as required under law and is entitled to Letters of Administration with a copy of the Will annexed.
6. In fine, this Original Petition is allowed granting Letters of Administration with a copy of the Will annexed in favour of the petitioner. The petitioner shall execute a security bond for a sum of Rs.10,000/- (Rupees ten thousand only) in favour of the Assistant Registrar (O.S.II), High Court, Madras.
Sd/.R.S.M.J 18.07.2019 //Certified to be a true copy// Dated this the th day of 2019. su/16.08.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.