T.Nirupama v. T.Adinarayana

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU T.Nirupama ... Petitioner Vs T.Adinarayana ... Respondent PRAYER: Original Petition filed for issuance of Letters of Administration under Section 232 & 276 of the Indian Succession Act, r/w.XXV Rule 5 of the Original Side Rules, prays that the Letters of Administration with the Will of the deceased annexed may be granted in favour of the petitioner, the niece of the testator as the sole beneficiary under the said Will dated 02.02.2006.

For Petitioner : Mr.N.V.R.Suresh For Respondent : No appearance

ORDER

This Original Petition has been filed for issuance of Letters of Administration in respect of the Will dated 02.02.2006 executed by late 1/5

T.Saraswathi, who died on 03.11.2019. The petitioner is the niece, who is also the brother's daughter of the testatrix. The respondent is the brother of the testatrix, who is also the father of the petitioner. The petitioner is the sole beneficiary under the said Will. The testatrix has not appointed any executor under the Will. The petitioner seeks issuance of Letters of Administration in respect of the properties situate within the jurisdiction of this Court.

2. The petitioner states that the testatrix remained unmarried till her death, and testatrix has no other surviving brother or sister other than the respondent herein. The petitioner has been examined as P.W.1. She has produced the death certificate of the testatrix T.Saraswathi as, Ex.P2. The Original registered Will dated 02.02.2006 has been marked as Ex.P1. The respondent has expressed his consent to grant Letters of Administration in favour of the petitioner and his consent affidavit is marked as Ex.P10. A paper publication has been made and any objections have not been received.

3. The petitioner has examined one Ms.Kalyani, who is the first attesting witness to the said Will as P.W.2. She has spoken about the execution of the Will by the testatrix and its attestation by herself. One Ms.Revathi, who is the second attesting witness to the said Will was 2/5

examined as P.W.3. She has also spoken about the execution of the Will by the testatrix and its attestation by herself in the presence of P.W.2.

4. In view of the above, this Original Petition is ordered and Letters of Administration is granted in favour of the petitioner, in respect of the Will dated 02.02.2006 of the testatrix T.Saraswathi. 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 inventory of assets and statement of accounts within a period of six months and one year, respectively.

Index :Yes/No Speaking order: Yes/ No Petitioner's witness:

P.W.1 - Mrs.T.Nirupama P.W.2 - Ms.Kalyani P.W.3 - Ms.C.Revati Documents exhibited by the petitioner:

3/5

Exhibits Documents Ex.P1 Original registered Will dated 02.02.2006 exedcuted by T.Saraswathi Ex.P2 Computer generated death certificate of T.Sarawathi Ex.P3 Original Burial Ground death report of T.Saraswathi issued by Greated Chennai Corporation Ex.P4 Photocopy of the Sale Deed dated 01.09.1993 executed in favour of T.Saraswathi Ex.P5 Photocopy of the property tax demand card of T.Saraswathi Ex.P6 Online pint out of property tax receipt of T.Saraswathi Ex.P7 Photocopy of the Water and Sewerage Tax cum charges/ services card Ex.P8 Photocopy of the Electricity Consumption Charges card Ex.P9 Affidavit of assets showing the net value of the estate as Rs.62,86,600/- Ex.P10 Consent affidavit of the respondent herein Ex.P11 Copy of paper publication effected in one issue of Tamil daily "Dina Kural" dated 17.02.2023 Ex.P12 Copy of paper publication effected in one issue of English daily "Southern Mail" dated 25.02.2023 Ex.P13 Affidavit of the 1st attesting witness PW2 Ex.P14 Affidavit of the 2nd attesting witness PW3 4/5

K.KUMARESH BABU,J.

5/5