Will Of Deceased D.Rajalakshmi v. M.Sreenivasan

OP No.752 of 2014 R.SUBRAMANIAN.J., This original petition has been filed seeking issuance of Letters of Administration with the Will annexed for the last Will and Testament dated 01.05.2007, executed by the deceased G.Rajalakshmi. The petitioner is the legatee and the brother of the deceased G.Rajalakshmi.

2. According to the petitioner, the property subject matter of the Will originally belonged to S.Ganapathy Raman, husband of the deceased G.Rajalakshmi, who died intestate and issueless on 02.05.2004, leaving behind the testator to succeed to his estate. As per the Will, the testator has bequeathed the property in favour of the petitioner. The petitioner has also averred that the deceased S.Ganapathy Raman, does not have any other Class I and Class II legal heirs to his knowledge.

3. The petitioner has been examined as P.W.1. He has produced the Original Will as Ex.P2. The Death Certificate of the testator has been marked as Ex.P1. The death certificate and the Legal Heirship certificate of the husband of the testator S.Ganapathy Raman have been marked as Exs.P3 and P4. The petitioner has examined one P.Subramanian as P.W.2. He has spoken about the execution of the Will by the testator and its attestation by himself and one K.Ramachandran. The respondents, who

are the sister and brother of the testator, have also filed their consent affidavits expressing their consent for grant of Letters of Administration in favour of the petitioner. The consent affidavits have been marked as Exs.P6 and P7. A general publication has been made and no objections have been received with reference to the claim made by the testator.

4. In view of the said evidence, I am satisfied that the petitioner has proved the execution of the attestation of the Will dated 01.05.2007 and he is entitled to Letters of Administration. Hence, the original petition is allowed granting Letters of Administration with the Will annexed for the last Will and testament of G.Rajalakshmi dated 01.05.2007 in favour of the petitioner. Petitioner shall execute a bond for Rs.25,000/-. 03.06.2019 jv

R.SUBRAMANIAN.J., jv OP No.752 of 2014 03.06.2019