Will Of Rajalakshmi v. S.Kannan

O.P.No.375 of 2013 K.K.SASIDHARAN, J.

This is an original petition filed under Sections 232 and 276 of the Indian Succession Act for the grant of Letters of Administration.

2. Heard the learned counsel for the petitioners.

3. The first petitioner is the daughter-in-law of Mrs.S.Rajalakshmi, who died on 28 October 2006 at Chennai. The second petitioner is the grand daughter of the deceased. The respondents are the children of the deceased.

4. The testatrix, by name S.Rajalakshmi executed a Will dated 11.06.1999 in respect of the property bearing Door No.11, T.S.Nos.29 and 30, Gangaiyamman Colony, Vadapalani, Chennai. The Will was executed in the presence of two witnesses. The parents and the husband of the testatrix pre-deceased her.

5. The testatrix executed the subject Will bequeathing the property in favour of the first petitioner with life interest to the second petitioner. The Will was registered before the Sub-Registrar,

Kodambakkam on 11.06.1999 vide Document No.84/1999. The petitioner has come up with this Original Petition on the strength of the last Will and Testament dated 11.06.1999.

6. The first petitioner was examined as P.W.1. The following documents were marked through her.

Exhibits Date Documents Ex.P1 27.12.2006 Death certificate of Mrs.Rajalakshmi, who died on 28.10.2006 Ex.P2 11.06.1999 Original registered Will dated 11.06.1999 executed by Mrs.Rajalakshmi Ex.P3 12.11.2009 Original Valuation Certificate given by SubRegistrar, Kodambakkam Ex.P4 14.03.2013 Affidavit of Assets showing the net value of the Estate Ex.P5 08.01.2014 Paper publication effected in Tamil Daily "Malai Sudar"

Ex.P6 31.01.2014 Paper publication effected in English Daily "News Today"

7. Thiru K.S.Selvaraj, who is the son of the testatrix was examined as P.W.2. He identified the signature of the testatrix. He has also filed a third party affidavit as per document Ex.P7.

8. In view of the evidence tendered by P.W.1 and P.W.2 and the materials available on record, I am satisfied that the petitioners are

entitled to grant of Letters of Administration.

9. There shall be an order to issue Letters of Administration with the Will annexed in favour of the petitioners. The petitioners are directed to execute a bond for a sum of Rs.25,000/- in favour of Assistant Registrar OS-II, High Court, Madras - 600 104. In the upshot, I allow the Original Petition. 09.12.2015

K.K.SASIDHARAN,J.

svki O.P.No.375 of 2013 09.12.2015