T.L.Venkatesan v. T.L.Saravanan And Another

O.P.No.406 of 2022 RMT.TEEKAA RAMAN,J.

This original petition has been filed taking advantage of Sections 222 and 276 of the Indian Succession Act, 1925 along with relevant rules of the Original Side of Madras High Court seeking grant of Letters of Administration with Will annexed of N.Ramu, who had died on 25.07.2019. The property is situated at Virugambakkam, Chennai.

2. Paper Publication has been effected.

3. The petitioner is the executor under the Will dated 12.10.2015 of deceased Ramu and his name was mentioned in the Will. Both the respondents are the siblings of the petitioner and 1st respondent is nephew and 2nd respondent is niece of the deceased person.

4. The petitioner had examined himself as PW-1 and the registered Will dated 12.10.2015 was marked as Ex.P1. The death certificate of N.Ramu is marked as Exs.P2. The sale deed dated 23.08.2012 executed in favour of N.Ramu is marked as Ex.P3. Aadhaar Card is marked as Ex.P4. The death certificate of Mrs.R.Yamuna Bai is marked as Ex.P5 and the affidavit of assets showing the net value of the estate as Rs.14,92,000/- is marked as Ex.P6.

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RMT.TEEKAA RAMAN,J., nvi 5.Taking into consideration the pleadings that the execution of the Will has been proved in the manner known to law as contemplated under the Indian Succession Act and Indian Evidence Act and there is no impediment for grant of Will itself. It is stated that the deceased N.Ramu and his wife has no legal heirs and hence they have executed the Will and they are the class II of legal heirs and hence, I am inclined to probate to be granted in favour of the petitioner.

6.In view of the evidence adduced, this Original Petition stands allowed. The probate may be issued in favour of the petitioner in accordance with the rules.

20.08.2024 nvi O.P.No.406 of 2022 https://www.mhc.tn.gov.in/judis