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Madras High CourtOP/578/2020allowed

R.Rajamanickam v. Tirupurasundari And 15 Others

2022-09-19Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No. 578 of 2020 C.V.KARTHIKEYAN, J.

This Petition has been filed seeking Letters of Administration with Will annexed relating to the Will of R.Rangasamy Pillai, who died on 21.06.1989. The petitioner is his son. R.Rangasamy Pillai had executed a Will dated 17.08.1988 and it was registered as Document No. 74 of 1988 in the Office of the Sub Registrar, Thiyagaraya Nagar. The respondents are the legal heirs of Rangasamy Pillai. Notice had been directed but they had taken a decision not to participate in the judicial proceeding however names are printed in the cause list. They are also beneficiaries under the Will.

2. The petitioner was examined as PW-1 and he marked as Ex.P-1 the Will dated 17.08.1988. The death certificate of Rangasamy Pillai was marked as Ex.P-2 and the legal heirship certificate was marked as Ex.P-3 and Ex.P-7 was the affidavit of assets.

3. To further substantiate the Will, one of the attesting witness R.Anandan was examined as PW-2 and he identified the Will and also stated that he had signed as the second attesting witness. He also identified the signature of R.Rangasamy Pillai. C.V.KARTHIKEYAN, J.

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

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4. A memo had been filed by the petitioner stating that the other attesting witness K.Nammalvar had died on 24.03.2008.

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

(b) The petitioner is directed to duly administer the said properties of the deceased.

(c) The petitioner is 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 petitioner is further directed to render true and correct accounts once in a year.

19.09.2022 Index:Yes/No Internet :Yes/No vsg O.P.No. 578 of 2020 https://www.mhc.tn.gov.in/judis