Priamvada Viswanathan v. Shrutilaya Ramanathan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Priamvada Viswanathan ... Petitioner Vs.
Shrutilaya Ramanathan ... Respondent Prayer: Original Petition filed for issuance of Letters of Administration under Section 232 & 276 of the Indian Succession Act of 1925 r/w XXV Rule 5 of the Orginal Side Rules, prays that the Letters of Administration with the Will annexed may be granted to the petitioner as the wife/beneficiary legatee of Will of the said deceased.
For Petitioner : Mr. George Cheriyan For Respondent : No appearance
ORDER
This Original Petition has been filed for issuance of Letters of Administration in respect of the Will dated 17.02.2012 executed by late Ananth Ramanathan, who died on 04.10.2020. The petitioner is the wife and the respondent is the daughter of 1/7
the testator. The testator has not appointed any executor under the Will. The petitioner and respondent are the beneficiaries under the Will. The testator has bequeathed the properties in the name of the petitioner and after the life time of the petitioner the respondent shall be entitled for all the properties. The petitioner seeks issuance of Letters of Administration in respect of the properties situate within the jurisdiction of this Court.
2. The petitioner has been examined as P.W.1. She has produced the death certificate of the testator Ananth Ramanathan as, Ex.P2. The Original unregistered Will dated 17.02.2012 has been produced as Ex.P1. The legal heirship certificate of the testator Ananth Ramanathan has been produced as Ex.P3. A perusal of Ex.P3 shows that the petitioner and respondent are the Class-I legal heirs of the testator. The respondent has expressed her consent to grant Letters of Administration in favour of the petitioner and the consent affidavit is marked as Ex.P14.
3. The petitioner has examined one M.Kalavathy, who is the first attesting witness to the Will as P.W.2. She has spoken about the execution of the Will by the testator and its attestation by herself and by K.V.Varadarajan. 4.In view of the above said evidence, this Original Petition is ordered and 2/7
Letters of Administration is granted in favour of the petitioner, in respect of the Will dated 17.02.2012 of the testator Ananth Ramanathan. The petitioner is directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in the name of the Assistant Registrar (Original Side) of this Court. The petitioner is further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively. 06.06.2023 gba Index :Yes/No Internet: Yes/ No Petitioner's witness:
P.W.1- Mrs.Priamvada Viswanathan P.W.2- Mrs.M.Kalavathy Exhibits Documents Ex.P1 The original Will dated 17.02.2012 executed by Ananth Ramanathan Ex.P2 The computer generated death certificate of Ananth Ramanathan Ex.P3 The computer generated legal heirship certificate of Ananth 3/7
Exhibits Documents Ramanathan Ex.P4 Photocopy of the sale deed dated 18.09.2002 executed in favour of Ananth Ramanathan and Priamvada Viswanathan Ex.P5 Photocopy of the Builders Agreement dated 03.01.1994 executed between M/s.Chaitanya Bilders & Leasing (P) Limited and Mrs.Kamala Ramanathan Ex.P6 Photocopy of the Sale deed dated 31.03.1995 executed in favour of Mrs.Kamala Ramanathan and M/s.Chaitanya Builders & Leasing (P) Limited, registered as Doc.No.901 of 1995 before the SRO, Periamet Ex.P7 Photocopy of the Sale deed dated 31.03.1995 executed in favour of Mrs.Kamala Ramanathan and M/s.Chaitanya Builders & Leasing (P) Limited, registered as Doc.No.902 of 1995 before the SRO, Periamet Ex.P8 Photocopy of the Sale deed dated --.03.1995 executed in favour of Mrs.Kamala Ramanathan and M/s.
Chaitanya Builders & Leasing (P) Limited, registered as Doc.No.903 of 1995 before the SRO, Periamet Ex.P9 Photocopy of the Sale deed dated --.03.1995 executed in favour of Mrs.Kamala Ramanathan and M/s.Chaitanya Builders & Leasing (P) Limited, registered as Doc.No.904 of 1995 before the SRO, Periamet Ex.P10 The computer generated death certificate of Kamala Ramanathan Ex.P11 Photocopy of the name transfer order dated 26.11.
Exhibits Documents Ex.P12 Online printout of statement of holdings as on 22.10.2020 issued by the Stock Holding corporation of India Limited in respect of shares and securities held by Ananth Ramanathan in client ID No.22788743 Ex.P13 Affidavit of assets showing the net value of the estate as Rs.11,20,71,919.70 Ex.P14 Consent affidavit of given by the respondent Ex.P15 Affidavit of the first attesting witness 06.06.2023 gba 5/7
K.KUMARESH BABU,J.
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