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Madras High CourtOP/238/2024ordered

R.Ravichandran v. S.Malarvizhi

2025-03-27Honourable Mr Justice K.Kumaresh Babu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU R.Ravichandran

...Petitioner

vs.

S.Malarvizhi

...Respondent

PRAYER: Original Petition filed for Letters of Administration filed under Section 232 and 276 of Indian Succession Act 1925 read with Order XXV Rule 5 of O.S. Rules, prays that the Letters of Administration with the Will annexed may be granted to the petitioner as son/legatee under the Will of the said deceased, Late.P.Ranganathan, having effect limited to the State of Tamil Nadu and under the limited to the assets mentioned in the affidavit of assets.

For Petitioner : Mr.M.Karthick For Respondent : No appearance 1/6

ORDER

This Original Petition has been filed for issuance of the Letters of Administration in respect of the Will dated 29.05.2006 executed by Late.Mr.P.Ranganathan, who died on 17.07.2007. The petitioner is the son of the testator whereas the respondent is the daughter of the testator. The wife of the testator Late.Mrs.R.Suguna died on 06.09.2022 leaving behind the petitioner and respondent as the only legal heirs of the testator. The petitioner is the only beneficiary under the said Will dated 29.05.2006. The petitioner seeks issuance of Letters of Administration in respect of the properties situated within the jurisdiction of this court.

2. The petitioner has examined himself as PW1. He has produced the certified copy of the registered will and testament dated 29.05.2006 as Ex.P1. The photocopy of the death certificates of the Testator and the wife of the testator Late.Mrs.R.Suguna has been marked as Ex.P3 and Ex.P5. The legal heir certificate of the testator has been marked as Ex.P4. On perusal of the Ex.P4 it is clear that the petitioner and the respondent are the only surviving legal heirs of the testator. From Ex.P1 it can be deduced that the petitioner is the absolute beneficiary under the said Will. The respondent had expressed 2/6

her consent to grant the letters of administration in favour of petitioner through the consent affidavit which was filed along with the petition. The paper publications have been made which are marked as Ex.P7 and Ex.P8 and no objections have been received for the same.

3. The petitioner has examined Mr.A.J.Raman, who is the first attesting witness to the said Will as PW2. He has spoken about the execution of the Will by the testator and its attestation by him and the second attesting witness and has marked his affidavit as Ex.P11.

4. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.

5. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioner, in respect of the Will dated 29.05.2006 of the testator Late.Mr.P.Ranganathan. 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. The petitioner is further directed to file an 3/6

inventory of assets and statement of accounts within a period of six months and one year, respectively.

Index :Yes/No Petitioner's witness:

P.W.1 - Mr.R.Ravichandran P.W.2 - Mr.A.J.Raman Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Original Will dated 29.05.2006 executed by Mr.P.Ranganathan.

Ex.P2 Photocopy of the sale deed dated 23.09.1971 executed in favour of Mr.P.Ranganathan (Compared with the original) Ex.P3 Photocopy of the death certificate of Mr.P.Ranganathan (Compared with the original) Ex.P4 Photocopy of the legal heir ship certificate of Mr.P.Ranganathan (Compared with the original) Ex.P5 Computer generated death certificate of Mrs.R.Suguna. Ex.P6 Affidavit of assets showing the net value of the estate as Rs.55,50,000/- Ex.P7 Copy of the paper publication effected in one issue of English Daily "Trinity Mirror" dated 05.09.202. Ex.P8 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 12.09.2024.

Ex.P9 Photocopy of Aadhaar Card (Compared with the original) Ex.P10 Certificate under Section 65 B of the Indian Evidence Act, 4/6

1872.

Ex.P11 Affidavit.

Ex.P12 Photocopy of Aadhaar Card (Compared with the original) 5/6

K.KUMARESH BABU, J.

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