Bagavathy v. Lakshmi And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN O.P. No. 481 of 2023 Bagavathy ... Petitioner Vs.
1.Lakshmi 2.Prasanthi ... Respondents PRAYER: Original Petition filed under Sections 228 and 276 of the Indian Succession Act XXXIX of 1925, read with Order XXV Rule 5 of Original Side Rules to issue letters of administration with the probate annexed to the petitioner as the executor of the deceased Ananthanarayanan Ganapathy Ram having effect throughout the Union of India.
For Petitioner : Mr.P.Vetrivel For Respondents : Mr.S.Bharanidharan
O R D E R
The petition has been filed seeking letters of administration of a Will dated 29.10.2020 executed by Ananthanarayanan Ganapathy Ram
at Singapore.
2.
He had appointed the petitioner as the executor/beneficiary under the Will. He had died on 27.03.2022 at Singapore. He had left behind one property at Chennai also. The petitioner had applied seeking probate of the said Will in the Family Justice Court at the Republic of Singapore. By an order dated 20.02.2023 in Case No.FC/P 8567/2022 probate of the said Will had been granted. Since one of the property is now situated within the jurisdiction of this Court, this petition seeking letters of administration to recognize the petitioner's right to deal with the property in accordance with the Will of the late husband, Ananthanarayanan Ganapathy Ram has been filed. The respondents have also given consent for grant of letters of administration. 3.
After following due procedure, the petitioner was directed to tender evidence. Accordingly, the petitioner examined herself as P.W.1 and she marked her marriage certificate as Ex.P3 and the death certificate of Ananthanarayanan Ganapathy Ram as Ex.P6 and the copy of the grant
of probate dated 20.02.2023 by the Family Justice Courts of the Republic of Singapore as Ex.P7 and Overseas Citizen of India Card as Ex.P8. The documents relating to the property were marked as Exs.P1 and P2. The respondents have also filed their consent affidavit. 4.
Taking into consideration the nature of evidence adduced and documents produced, this Original Petition stands allowed. Registry to issue letters of administration to the petitioner in accordance with rules. Such Letters of Administration shall have effect throughout the State of Tamil Nadu. The petitioner is directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in the name of the Assistant Registrar (Original Side) of this Court and she is further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively. Index :Yes/No gsa
APPENDIX Petitioner's witness:
P.W.1 - Mrs.Bagavathy Documents marked:
Exhibits Documents Ex.P1 Photocopy of the construction agreement dated 20.12.1996 entered into between Mr.Anantha Narayanan Ganapathy Ram and M/s.Krishna Constructions (compared with the original).
Ex.P2 Photocopy of the sale deed dated 10.02.1997 executed in favour of Mr.Anantha Narayanan Ganapathy Ram (compared with the original).
Ex.P3 Photocopy of my marriage certificate (compared with the original).
Ex.P4 Photocopy of the birth certificate of Ms.Lakshmi (compared with the original).
Ex.P5 Photocopy of the birth certificate of Ms.Prasanthi (compared with the original).
Ex.P6 Photocopy of the death certificate of Mr.Anantha Narayanan Ganapathy Ram (compared with the original).
Ex.P7 Photocopy of the grant of probate dated 20.02.2023 passed by the Family Justice Courts of the Republic of Singapore (compared with the original).
Ex.P8 Photocopy of my Overseas Citizen of India (compared with
Exhibits Documents the original).
Ex.P9 Photocopy of the certificate of registration for Overseas Citizen of India of the first respondent (compared with the original).
Ex.P10 Photocopy of the certificate of registration for Overseas Citizen of India for the second respondent (compared with the original).
Ex.P11 Affidavit of assets showing the net value of the estate as Rs.1,07,00,000/- (compared with the original). Ex.P12 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 13.04.2024. (compared with the original).
Ex.P13 Copy of the paper publication effected in one issue of English Daily "Trinity Mirror" dated 20.04.2024. (compared with the original).
gsa
C.V.KARTHIKEYAN,J.
Gsa O.P. No. 481 of 2023