N.N.C.Swamy v. T.R.Radha And Another

A.No.3067 of 2022 in O.P.No.594 of 2021 Krishnan Ramasamy, J., This application is filed to take on record the death of the 1st respondent, who was the widow, as deceased in the above Original Petition. The deceased first respondent has left with no other issues. The applicant/petitioner is the care taker of the testatrix and the first respondent, the second respondent namely Prema Gopalan is the only daughter of Jayalakshmi Ramanarayana Sharma, who is second elder sister of the testatrix.

2. Learned counsel for the second respondent would submit that he has no objection in recording the death of the first respondent.

3. Accordingly, the application is allowed. Since the first respondent was having no legal heirs and the petitioner was the care taker of the testatrix, the first respondent and the applicant/petitioner were provided with lifetime interest of the possession and after their lifetime, the second respondent and her children are the legitimate beneficiaries of the schedule mentioned properties. The applicant/petitioner is the executor of the unregistered Will. Therefore, it is made clear that in order to justify the same, the petitioner and the second respondent need to be examined.

4. Post the matter before the learned Master for recording evidence, on 08.08.2022.

01.08.2022 Sni https://www.mhc.tn.gov.in/judis

Krishnan Ramasamy, J., Sni A.No.3067 of 2022 in O.P.No.594 of 2021 01.08.2022 https://www.mhc.tn.gov.in/judis