Will Of K.Rukmani Ammal v. V.Premkumar
O.P.No.461 of 2015 K.K.SASIDHARAN, J.
This is an original petition filed under Sections 232 and 276 of the Indian Succession Act for the grant of letters of administration with respect to the last Will and testament dated 31.05.1968 executed by Tmt.K.Rukmani Ammal, who died on 15.12.1970 at Chennai. 2.
The petitioners are the children of the testatrix. The respondents 1 to 4 are the children of the first petitioner. The respondents 5 and 6 are the children born to the second petitioner. 3.
The testatrix executed a Will on 31.05.1968 in the presence of two witnesses. As per the Will, she bequeathed her properties in favour of petitioners and respondents. The testatrix in her Will indicated the manner in which the properties should be administered and devolve on the legatees.
4.
The first petitioner was examined as PW.1 and the following
documents were marked through her.
Exhibits Date Documents Ex.P1 07.02.2003 Original Death Certificate of Mrs.Rukmani Ammal, who died on 15.12.1970 Ex.P2 31.05.1968 Original Registered Will and Testament executed by Mrs.Rukmani Ammal Ex.P3 10.02.2015 Computer generated copy of death certificate of Rajagopaul Naidu, who died on 25.07.1950 Ex.P4 26.11.2002 Original Death certificate of K.Rajeswari, who died on 14.11.2002 Ex.P5 14.06.1945 Copy of the sale deed executed by Mrs.V.K.Subbamma and others in favour of Mr.A.Rajagopal Naidu Ex.P6 28.09.1950 Copy of the certificate of letters of administrate in O.P.No.260 of 1950 Ex.P7 - Original Property tax demand card standing in the name of the first petitioner Mrs.Sulochana Venkoban @ Sulochana Ex.P8 - Original Water and Sewerage Tax-cum-Charges Card standing in the name of the first petitioner Mrs.Sulochana Venkoban Ex.
P9 - Original Property tax demand card standing in the name of the second petitioner M.K.Rupavathi Ex.P10 - Original Water and Sewerage Tax-cum-Charges Card standing in the name of the second petitioner Roopavathy @ M.K.Rupavathi Ex.P11 - Computer generated copy of the Land and Building Valuation in respect of the property situated at Mulla Sahib Street, Muthiyalpet, Chennai Ex.P12 - Affidavit of assets showing the net value of the property at Rs.
Exhibits Date Documents Ex.P13 28.07.2015 Consent affidavit given by the 1st respondent Ex.P14 28.07.2015 Consent affidavit given by the 2nd respondent Ex.P15 28.07.2015 Consent affidavit given by the 3rd respondent Ex.P16 21.07.2006 Copy of General Power of Attorney given by the 4th respondent - Mr.Ravikumar in favour of Mr.S.Venkoba Rao Ex.P17 28.07.2015 Consent affidavit given by the Power Agent of 4th respondent Ex.P18 28.07.2015 Consent affidavit given by the 5th respondent Ex.P19 28.07.2015 Consent affidavit given by the 6th respondent Ex.P20 22.08.2015 Paper publication effected in "Tamil Daily ''Malai Sudar''
Ex.P21 22.08.2015 Paper publication effected in English Daily ''News Today''
5.
PW.2 was examined to prove the Will. PW.2 in his evidence confirmed that the testatrix executed her last Will and testament in a sound and disposing state of mind and that he along with the other witness attested the Will at the same time. The affidavit of PW.2 was marked as Ex.P22.
6.
In view of the averments in the Original Petition, the documents exhibited and the evidence of PW.1 and PW.2, I am satisfied that the petitioners are entitled to the grant of letters of administration.
7.
There shall be an order to issue letters of administration with the Will annexed in favour of the petitioners. The petitioners are directed to execute a bond for Rs.25,000/- in favour of Assistant Registrar (O.S).
8.
In the upshot, I allow the Original Petition. mra 18.12.2015
K.K.SASIDHARAN, J mra O.P.No.461 of 2015 18.12.2015
Pre-Delivery Order in O.P.No.461 of 2015 To The Hon'ble Mr.JUSTICE K.K.SASIDHARAN humbly submitted mra P.A.