G.Bharathi And 3 Others v. R.Santhanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.G.Bharathi 2.S.Sivakumar 3.S.Ravikumar 4.V.Sundar ...
Petitioners Vs R.Santhanam ...
Respondent PRAYER: Original Petition filed for issuance of Letters of Administration with Will annexed under Section 232 & 276 of the Indian Succession Act, r/w. Order XXV Rule 5 of the Original Side Rules, prays that the Letters of Administration with the Will annexed may be granted to the petitioners who are bothers' children of Deceased R.Balasubramaniam as beneficiaries under the Will of the said deceased having effect throughout the State of Tamilnadu.
For Petitioners : M/S.S.Revathy For sole respondent:
M/S.Ramadevi 1/7
ORDER
This petition has been filed seeking for grant of Letters of Administration in respect of the Will dated 13.04.2015 executed by late R.Balasubramaniam.
2. The petition mentioned schedule property belonged to late R.Balasubramaniam as his self acquired and ancestral properties. The said R.Balasubramaniam during his life time had executed a Will on 13.04.2015 and bequeathed the petition mentioned properties in favour of the petitioners herein. The said R.Balasubramaniam died on 20.01.2016 and thereafter, the Will has come into effect. By making the above submission the petitioners filed this petition for seeking grant of Letters of Administration.
3. The petitioners 1 to 4 are the brothers' children of late R.Balasubramaniam and in order to show that late R.Balasubramaniam had acquired the properties, Ex.P 8, 9,10,11,12, 13, 14 & 15 have been produced.
4. The 4th petitioner has examined himself as PW.1 and through him Ex.P.1 to Ex.P.29 were marked.
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5. The original Will executed by R.Balasubramaniam is marked as Ex.P.16. One of the attesting witness Ashish Nawalgaria has been examined as PW.2 and his affidavit is marked as Ex.P.30. In the said affidavit the attesting witness has stated that he was present at the time when the Will was written and he had signed as an attesting witness in the Will and he also identified the testator's signature also. One of the brother of the deceased by name R.Santhanam has also given consent affidavit that he did not file any caveat and his consent affidavit has been marked as Ex.P.26.
6. By examining the attesting witness and by producing all the documents along with the Will and also that the petitioners are the brothers' children of late R.Balasubramaniam, the Will dated 13.04.2015 is proved to be true and genuine. Since the testator R.Balasubramaniam died, granting Letters of Administration for proper management of the properties as claimed by the petitioners is essential.
5. Hence, this Original Petition is allowed and Letters of Administration is granted with the certified copy of the Will annexed in favour of the petitioners in respect of the Will dated 13.04.2015 of the 3/7
testator R.Balasubramaniam. The petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) in the name of the Assistant Registrar (Original Side) of this Court. The petitioners are further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively.
06.07.2023 jrs Index :Yes/No 4/7
APPENDIX Petitioner's witness:
P.W.1 - V.Sundar P.W.2 - Ashish Nawalgaria Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the Aadhar Card of the 1st petitioner Ex.P2 Photocopy of the Aadhar Card of the 2nd petitioner Ex.P3 Photocopy of the Aadhar Card of the 3rd petitioner Ex.P4 Photocopy of the Aadhar Card of the 4th petitioner Ex.P5 Photocopy of the Aadhar Card of the respondent Ex.P6 Computer generated death certificate of Rajagopal Ex.P7 Computer generated death certificate of Rukmani Ammal Ex.P8 Photocopy of the Sale Deed dated 17.11.1972 in favour of R.Balasubramaniam Ex.P9 Photocopy of the Sale Deed dated 31.01.1990 in favour of R.Balasubramaniam Ex.P10 Downloaded copy of the Patta bearing No.1800 in favour of R.Balasubramaniam and his brothers Ex.P11 Downloaded copy of the Patta bearing No.1163 in favour of R.Balasubramaniam and his brothers Ex.P12 Downloaded copy of the Patta bearing No.1153 in favour of R.
Balasubramaniam and his brothers Ex.P13 Downloaded copy of the Patta bearing No.1801 in favour of R.Balasubramaniam and his brothers Ex.P14 Downloaded copy of the Patta bearing No.1245 in favour of R.Balasubramaniam and his brothers Ex.P15 Photocopy of the name transfer receipt dated 13.05.2022 Ex.P16 Original Will dated 13.04.2015 executed by R.
Exhibits Documents Ex.P17 Computer generated death certificate of R.Balasubramaniam Ex.P18 Photocopy of the relationship certificate of R.Balasubramaniam Ex.P19 Computer generated death certificate of Subbaraman Ex.P20 Photocopy of the legal heirship certificate of Subbaraman Ex.P21 Computer generated death certificate of N.Sundari Ex.P22 Computer generated death certificate of R.Viswanathan Ex.P23 Photocopy of the legal heirship certificate of R.Viswanathan Ex.P24 Computer generated death certificate of V.Jayalakshmi Ex.P25 Computer generated legal heirship certificate of V.Jayalakshmi Ex.P26 Consent affidavit given by the respondent Ex.P27 Affidavit of assets showing the net value of the estate as Rs.1,30,50,000/- Ex.P28 Copy of the paper publication effected in Tamil daily "Dina Kural" dated 16.03.2023 Ex.P29 Copy of the paper publication effected in English daily "Souther Mail" dated 24.03.2023 Ex.P30 Affidavit of the attesting witness Ashish Nawalgaria 06.07.2023 jrs 6/7
R.N.MANJULA,J.
jrs 06.07.2023 7/7