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Madras High CourtOP/124/2022allowed

N.Suresh Krishnan v. Nil

2022-09-21Honourable Mr Justice C.V. Karthikeyan3 pages

C.V.KARTHIKEYAN, J.

This Petition has been filed under sections 232 and 276 of the Indian Succession Act, 1925 seeking Letters of Administration with Will annexed of R.Kanagavalli, who died on 04.10.2009. She left behind a Will dated 31.08.2009. The Will was also registered as Document No. 52 of 2009 before the Joint Registrar North Madras, Chennai. 2.The petitioner had been adopted by the Testatrix and her husband Ragavan @ Ragavachari vide an Adoption Deed dated 15.04.1978 registered as Document No. 553 of 1978 in the office of the Joint-I, Sub-Registrar, North Chennai. The father of the petitioner had pre-deceased him. The petitioner examined himself as PW-1. The registered Will was marked as Ex.P1. The Deed of Adoption was marked as Ex.P2. The death certificates of Ragavan @ Ragavachari and R.Kanagavalli were marked as Ex.P3 and Ex.P4. The legal heirship certificate of Raghavan @ Ragavachari was marked as Ex.P10. The 1/3

petitioner also examined Veeraswamy as PW-2 and the petitioner also examined S.Prem Kumar as PW-3, who both stated that R.Kanagavalli signed the Will in their presence and they also signed as attesting witnesses in Ex.P1. They also affirmed the signatures in the Will and stated that R.Kanagavalli was in a sound and disposing state of mind, when Ex.P1 was executed. Their affidavits were marked as Ex.P15 and Ex.P16.

4. In view of the evidence produced, the Letters of Administration with the Will is granted as prayed. This Original Petition stands allowed. The petitioner is directed to execute a bond of Rs.25,000/- as required. 21.09.2022 Maya 2/3

C.V.KARTHIKEYAN, J.

Maya Dated : 21.09.2022 3/3