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Madras High CourtTOS/9/2016ordered

Will Of V.Narayanasamy v. N.Padmavathy

2021-12-22Honourable Mr Justice N. Seshasayee5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) WEDNESDAY, THE 22ND DAY OF DECEMBER 2021 THE HON'BLE MR. JUSTICE N. SESHASAYEE TOS No. 9 of 2016 (O.P.No.585 of 2014) In the matter of the Indian Succession Act XXXIX of 1925;

and In the matter of the Last Will and Testament of V.Narayanasamy Sasthrigal - Deceased.

N.Krishnan S/o.Late. V.Narayanasamy Sasthrigal 7/3, New No.19, Gokulam Colony, Srinivasa Pillai, Street, West Mambalam, Chennai 600 033.

... Petitioner/Plaintiff -Vs1. N.Padmavathy W/o.R.Santhanam No.8, (New No.15), Raju Street, West Mambalam, Chennai 600 033.

2. T.Meenakshi W/o.S.Thiagarajan NO.14, (New No.25), Raju Street, West Mambalam, Chennai 600 033. ... Caveators/Defendants Testamentary Original Suit praying that this Hon'ble Court be pleased to that letters of administration with the Will annexed may be granted to him as the son beneficiary under the Will of the said deceased having effect limited to the state of Tamil Nadu.

This Testamentary Original Suit coming on this day before this Court

for hearing in the presence of Mr.S.Venkataseshan, Advocate for the plaintiff herein and Mr.P.B.Balaji, Advocate for the defendants herein and upon reading the plaint filed herein, and the consent affidavit of the defendants 1 & 2 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 from this date, the plaintiffs herein, having complied with the rules of this Court in this behalf Letters of Administration of the property and credit of V.Narayanasamy, deceased annexed with the Will dated 16.03.1998 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 N.Krishnan, the plaintiff herein.

2. 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 22nd DAY OF DECEMBER 2021. Sd./- JOINT REGISTRAR (O.S)i/c //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 01.02.2022 T.O.S No. 9 of 2016 (O.P.No. 585 of 2014)

ORDER

DATED : 22.12.2021 THE HON'BLE MR. JUSTICE N. SESHASAYEE FOR APPROVAL: 15.02.2022 APPROVED ON : 16.02.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2021

CORAM

THE HONOURABLE MR.JUSTICE N. SESHASAYEE T.O.S.No.9 of 2016 N. Krishnan ..Plaintiff Vs.

1.

Mrs. N. Padmavathy 2.

Mrs. T. Meenakshi ..Defendants PRAYER :

Petition filed under Section 232 and 276 of the Indian Succession Act XXXIX of 1925 for the grant of Letters of Administration. Against the petition, a caveat was filed by the caveators and as per order of this Court dated 18.03.2015 in O.P. NO. 585 of 2014, the Original Petition was converted into Testamentary Original Suit No.9 of 2016. For Plaintiff ::

Mr.S. Venkataseshan For Defendants ::

Mr.P.B. Balaji

J U D G M E N T

This testamentary original suit is laid for obtaining Letters of Administration in respect of a Will executed by Late V. Narayanasamy Sastrigal on 16.03.1998. The defendants had entered caveat and

accordingly, the O.P. originally laid was converted into a suit since then. The defendants have filed their written statement and the matter is posted for trial. The propounder of the Will was examined as P.W.1 and the attestor was examined as P.W.2. At this stage, the matter is now posted before the Court.

2.

Both the defendants have filed separate affidavits in Court on 21.04.2021 consenting to the grant of Letters of Administration to the plaintiff. The same is now recorded. Accordingly, this Court holds that the Will of Late V.Narayanasamy Sastrigal is proved and that the plaintiff is hereby granted Letters of Administration.

3.

The plaintiff 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. No costs.

Sd./- N.S.S.J.

22.12.2021 //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.