Will (5) Of P.V.Subbulakshmi v. P.R.Venkateswaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 24TH DAY OF APRIL, 2019 THE HON'BLE MRS. JUSTICE R.SUBRAMANIAN O.P.No.823 OF 2018 In the matter of Indian Succession Act XXXIX of 1925 and In the matter of late.P.V.Subbulakshmi Ammal ..Deceased.

P.R.Ramakrishnan S/o.P.V.Rama Iyer, No.38/12, South Mada Street, Koyambedu Chennai - 600 107. ... Petitioner Vs.

P.R.Venkateswaran S/o.P.V.Rama Iyer, No.38/12, South Mada Street, Koyambedu, Chennai 600 107. ...Respondent Original petition praying that this Hon'ble Court that the letters of Administration with Will annexed may be granted to him as the adopted son beneficiary under the Will of the said deceased having effect throughtout the State of Tamil Nadu.

This Original Petition coming on this day before this Court for hearing, the Court made the followings order:- The petitioner seeks Letters of Administration for the Will dated 10.11.1996 executed by late Mrs.P.V.Subbulakshmi Ammal who died on 03.01.1997.

2. The petitioner and the respondent are the brothers children of the deceased testatrix. The petitioner has been examined as PW1. He has produced the original Will as Ex.P1. The death certificate of the deceased Mrs.P.V.Subbulakshmi Ammal has been produced as Ex.P2. The death certificate of Mr.M.S.Krishna Iyer husband of Mrs.P.V.Subbulakshmi Ammal has been produced as Ex.P3. The petitioner has also examined one Mr.V.Shankaranarayan as PW2. He has spoken about the execution of the Will by the testatrix and its attestation by himself and one Mr.K.Raghupathi. The respondent has been examined as RW1. He has filed a consent affidavit which has been marked as Ex.R1.

3. In view of the above evidence, I find that the petitioner has proved the Will and is entitled to grant of Letters of Administration with a copy of the Will annexed. Hence, this Original Petition is allowed granting Letters of Administration in favour of the petitioner in respect of the estate of the deceased Mrs.P.V.Subbulakshmi Ammal. The

petitioner shall 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. Sd/.R.S.M.J 24.04.2019 //Certified to be a true copy// Dated this the day of 2019.

COURT OFFICER TE/08/05/2019 From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.