S.V.S.Velkumar v. S.V.S.Rajkumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 28th DAY OF JANUARY 2022 THE HON'BLE MR. JUSTICE N. SESHASAYEE TOS No. 7 of 2019 (O.P.No.451 of 2018) In the matter of the Indian Succession Act XXXIX of 1925;
and In the matter of the Last Will and Testament of S.V.Sivalinga Nadar Deceased.
1. S.V.S.Velkumar S/o.Late S.V.Sivalinga Nadar No.51, Kollidam Street, East Shanmugapuram, Villupuram, Villupuram District.
2. S.V.Sakthi Kumar S/o.S.V.S.Velkumar No.51, Kollidam Street, East Shanmugapuram, Villupuram, Villupuram District.
... Petitioners/Plaintiffs -VsS.V.S.Rajkumar S/o.Late S.V.Sivalinga Nadar No.9, 2nd Main Road, Karpagam Garden, Adyar, Chennai 600 020. ... Caveator/Defendant Testamentary Original Suit praying that this Hon'ble Court be pleased to that Letters of Administration with the Will annexed be granted to the
petitioners as one of the sons of the deceased and Grandson, beneficiary under the Will of the deceased having effect throughout the State of Tamil Nadu.
This Testamentary Original Suit coming on this day before this Court for hearing in the presence of Ms.V.S.Manimekalai, Advocate for the plaintiffs herein and Mr.S.Packiaraj, Advocate for the defendant herein and upon reading the petition filed herein, and the other exhibits therein referred to and upon perusing the evidence adduced therein, it is ordered as follows :- That upon executing a security bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) in favour of the Assistant Registrar (O.SII), High Court, Madras, within a period of (3) months as required under law, the plaintiffs herein, having complied with the rules of this Court in this behalf Letters of Administration of the property and credit of S.V.Sivalinga Nadar, deceased annexed with the Will of the said deceased to have effect limited to the State of Tamil Nadu, do issue herein out of and under the seal of this Court and the same be granted to S.V.S.Velkumar and S.V.Sakthi Kumar the plaintiffs herein.
2. That the Connected applications do stand closed.
3. That there shall be no costs of this Suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 28th DAY OF JANUARY 2021. Sd./- JOINT REGISTRAR (O.S) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
KY 07.03.2022 T.O.S No. 7 of 2019 (O.P.No. 451 of 2018)
ORDER
DATED : 28.01.2022 THE HON'BLE MR. JUSTICE N. SESHASAYEE FOR APPROVAL: 09.03.2022 APPROVED ON : 10.03.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE T.O.S.No.7 of 2019 in (O.P.No.451 of 2018) 1.S.V.S.Velkumar 2.S.V.Sakthi Kumar ...Petitoners/Plaintiffs Vs.
S.V.S.Rajkumar ... Caveator/Defendant Prayer: Petition is filed under Sections 232 & 276 of the Indian Succession Act.XXXIX of 1925 for the grant of Letters of Administration. Against this petition, a Caveat and supporting affidavit was filed on 12th day of October 2018 by the Caveator. As per the order of The Learned Master, dated 15th day of March 2019 in O.P.No.451 of 2018 the Original Petition has to be converted into Testamentary Original Suit.
For petitioner : Ms.V.S.Manimekalai For respondent : Mr.S.Packiaraj
J U D G M E N T
Mr.S.Packiaraj, the learned counsel for the defendants has logged in and made a statement that as per the instructions he has from the respondents no objections to grant of Letters of Administration.
2.The said statement of the learned counsel for the defendants is recorded.
3.The present application is filed for grant of Letters of Administration on a Will executed by S.V.Sivalinga Nadar dated 09.05.2014. This Will is the last Will of the Testator S.V.Sivalinga Nadar. 4.None of the defendants have filed their Written Statement and the matter is posted for recording evidence before AM - II. 5.The first plaintiff has examined himself as P.W.1 and through him the Will was marked as Ext.P.1. The propounder has also examined certain Bose, one of the attesting witness of Ex.P.1 as P.W.2. 6.This Court perused the evidence and is satisfied that Ext.P.1 Will was executed by the testator S.V.Sivalinga Nadar. 7.Mr.S.Packiaraj, the learned counsel for the defendant did not offer any resistance to grant of Letters of Administration.
8.Accordingly, the Testamentary Original Suit is decreed. The Will is declared to be genuine and the Letters of Administration is directed to be granted.
9.The plaintiffs shall execute a security bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) in favour of the Assistant Registrar (O.S.II), High Court, Madras within a period of three (3) months as required under law. In view of the order made in the Testamentary Original Suit, the connected applications are closed. No costs. Sd./-N.S.S.J.
28.01.2022 List of the witnesses examined on the side of the plaintiff :
PW1 - Velkumar PW2 - Bose List of Exhibits marked on the side of the plaintiff : Exhibits Description Dated Ex.P1 The Original Will (xerox copy) 09/05/2014 Ex.P2 Death Certificate of S.V.Sivalinga Nadar 02/11/2016 Ex.P3 The original Legal Heir Certificate 13/10/2017 Ex.P4 The Original Valuation Certificate 09/07/2017 Sd./- N.S.S.J.
28.01.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.