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Madras High CourtOP/263/2022allowed

R.Srinath And Another v. V.Rajagopalan And 4 Others

2022-11-02Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No.263 of 2022 O.P.No.263 of 2022 C.V.KARTHIKEYAN,J., The Original Petition has been filed seeking Letters of Administration with Will annexed, relating to a Will dated 15.02.2010, executed by Mythili Jayaraman @ Lalitha, who is the paternal aunt or rather the father's brother's, wife of the petitioners and who died on 10.05.2021.

2. The 1st and 2nd respondents are the brothers of the husband of the deceased and the 3rd, 4th and 5th respondents are the children of the deceased sister of the husband of the deceased.

3. The respondents had given their consent affidavits.

4. The petitioners were invited to adduce evidence.

5. The 1st petitioner, R.Srinath examined himself as P.W.1. The Death Certificate of Mrs.Mythili Jayaraman was marked as Ex.P1 and the Death Certificate of her husband V.Jayaraman was marked as Ex.P2. The original Will, dated 15.02.2010 was marked as Ex.P3. The Legal Heirship Certificate of V.Jayaraman was marked as Ex.P4. The consent affidavits of the respondents were marked as Exs.P5 to P9.

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O.P.No.263 of 2022 C.V.KARTHIKEYAN,J., ssi

6. The petitioners also examined M.D.Muralidharan as P.W.2 who was one of the attesting witnesses and who affirmed the Will, dated 15.02.2010 and stated that he had signed as the 1st attestor and that the 2nd attestor was R.Karthikeyan and both of them had signed in the presence of the testatrix and at the time the Will was executed, Mr.M.D.Jayaraman was in good and normal condition. His affidavit was marked as Ex.P11.

7. In view of the evidence produced, Letters of Administration is granted to the petitioners. The petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in the name of the Assistant Registrar (Original Side), High Court of Madras. 02.11.2022 ssi O.P.No.263 of 2022 2/2 https://www.mhc.tn.gov.in/judis