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Madras High CourtOP/703/2018allowed

Will (7) Of v. V.Manickaraj

2022-10-17Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No. 703 of 2018 C.V.KARTHIKEYAN, J.

This Petition has been filed seeking Letters of Administration with Will annexed relating to the Will dated 14.05.2003 said to have been executed by M. Varadaraj, who died on 17.01.2005. 2.

The petitioners are grand daughter and grand son of the deceased. The respondent had given their consent affidavit. After following due procedure, the petitioners were directed to tender evidence. The second petitioner Mr.K.Anand was examined himself as PW-1. The Original Will dated 14.05.2003 was marked as Ex.P-1. The death certificate of Mr.M.Varada Raj was marked Ex.P-2 and the legal heirship certificate was marked as Ex.P-3. The consent affidavit along with the original letter dated 28.12.2020 was marked as Ex.P-4.

The petitioner also examined Mrs.P.Sankaravadivu as PW-2. She stated that the deceased M.Varadaraj was her paternal uncle. She identified the Will under Ex.P-1. She was the second attesting witness along with Mr. Pichaiya. She identified the signatures in the Will. She also stated that Mr.M.Varadaraj was in a sound and disposing state of mind. Her affidavit was marked as Ex.P-8.

C.V.KARTHIKEYAN, J.

https://www.mhc.tn.gov.in/judis

vsg

3. In view of the evidence presented, this Original Petition stands allowed as follows:- (a) the letters of administration shall be issued in favour of the petitioners in respect of the properties mentioned in the petition.

(b) The petitioners are directed to duly administer the said properties of the deceased.

(c) The petitioners are also directed to 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. (d) The petitioners are further directed to render true and correct accounts once in a year.

17.10.2022 Index:Yes/No Internet :Yes/No vsg O.P.No. 703 of 2018 https://www.mhc.tn.gov.in/judis