V.Ranjith Kumar v. Sagunthala And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2024

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN V.Ranjith Kumar ... Petitioner -vs1. Sagunthala

2. Velusamy ... Respondents PRAYER: Original Petition filed under Sections 232 and 276 of the Indian Succession Act, 1925, read with Order XXV Rule 5 of O.S. Rules to grant Letters of Administration of the Will annexed may be granted to him as the grandson /beneficiary under the Will of the deceased Sri. S.R.Krishnasamy having effect limited to the state of Tamil Nadu. For Petitioner : Mr. N.Sivaprakash For Respondents : Mr. N.Kalaiselvi

O R D E R

The petition has been filed seeking grant of Letters of Administration with Will annexed relating to the Will executed by

S.R.Krishnasamy, who died on 04.06.2006. He left behind his daughter, Sagunthala and his son, Velusamy and the petitioner herein, Ranjith Kumar son of Velusamy as his legal heirs. Sagunthala and Velusamy are the respondents.

2. After following due procedure, the petitioner was directed to tender evidence. The petitioner examined himself as P.W.1. The death certificate and the legal heirship certificate of the testator, S.R.Krishnasamy were marked as Exs.P1 and P2. The original registered Will was marked as Ex.P7. The petitioner thereafter examined as P.W.2 V.Sridhar, who was the first attesting witness to the Will and who affirmed Ex.P7, stated that it was executed in his presence and in the presence of the other attester, who was the second attesting witness to the Will. He also stated that the testator and the attesters signed the Will in the presence of each other. He also stated that the testator was in sound state of mind. The second attesting witness R.Periasamy was examined as P.W.3. The affidavits of two attesting witnesses were marked as Exs. P12 and P14. The father of the petitioner, Velusamy was examined as RW1 and he went out of the box and re-entered the box and was examined as

R.W.2. His consent affidavit filed was marked as Ex.R2. He produced the consent affidavit of Sagunthala, R1 that was not marked.

3. Taking into consideration the nature of the evidence recorded and the documents produced, this Original Petition stands allowed and Letters of Administration to be granted in accordance with rules.

4. Such Letters of Administration shall have effect throughout the State of Tamil Nadu. 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 and he is further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively. 03.07.2024 Index :Yes/No Maya

C.V.KARTHIKEYAN, J.

Maya 03.07.2024