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Madras High CourtA/3483/2024allowed

S.Rani And 2 Others v. B.Jayavelu And 5 Others

2024-07-23Honourable Mr Justice C.V. Karthikeyan4 pages

and O.P. No. 189 of 2022 C.V.KARTHIKEYAN, J.

Application Nos. 3483 and 3485 of 2024 :- Both these applications have been filed in O.P. No. 189 of 2022, which had been filed seeking Letters of Administration with Will annexed relating to the Will executed by Mrs. M.Meenambal. The Will was dated 09.06.2010 and registered as Document No. 86 of 2010 in the office of the Sub Registrar, Tambaram.

2. The Testatrix, M.Meenambal died on 11.07.2013. Evidence had already been recorded in the Original Petition. In order dated 13.04.2023, a learned Single Judge of this Court had granted Letters of Administration. Necessarily, security bond will have to be executed by those in whose favour the Letters of Administration is granted. At that particular point of time, unfortunately since the petitioner

B.Sundaravadivel died and therefore, he could not execute the bond. It is under those circumstances, these two applications have been filed seeking to bring on record his legal representatives on record and to allot the shares, which would fall to the fourth petitioner to the legal heirs. Even in the main original petition, the respondent had given their consent for grant of Letters of Administration.

3. The learned counsel states that the respondents have no objections for the legal heirs of the fourth respondent being recognized for having their shares in the estate.

4. Taking into consideration all the facts stated in the applications, both these applications stand allowed.

5. The learned counsel for the petitioner placed a request that the first petitioner viz., B.Jayavelu may execute the security bond on his behalf and also on behalf of the second and third petitioners, B.Sukumaran, B.Thirunavukkarasu, and also on behalf of the legal

representatives of the deceased fourth petitioner, who have now been impleaded, viz., S.Rani, Sajitha, S.Balu Mahendran, Balu Mahendran.

6. Registry may take that into consideration and permit the first petitioner to execute the bond in accordance with the rules and procedure.

23.07.2024 Maya

C.V.KARTHIKEYAN,J.

Maya and O.P. No. 189 of 2022 23.07.2024 1/2