Smt.Shanthi v. K.Lakshmi Ammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.08.2020

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Shanthi ...

Petitioner Vs.

1.K.Lakshmi Ammal 2.Bala Amirthavalli @ Amirtham 3.P.V.K.Raja Mahendran 4.Mangayarkarasi 5.S.Kavitha 6.S.Bhuvaneswari 7.Malliga ... Respondents Prayer: Petition filed under Sections 222 and 276 of the Indian Succession Act and Under Order XXV Rule 5 of the Original Side Rules praying that letters of Administration with the Will annexed may be granted to the petitioner as the daughter / legatee under the will of the deceased to having effect limited to the State of Tamil Nadu.

For Petitioner :

Mr.Abdul Wahab for Mr.S.Chandrasekaran For Respondent 2 :

Mr.V.Vijayarajan 1/3

ORDER

The 2nd respondent has filed a caveat. The 2nd respondent is the sister of the petitioner. She has questioned the Will and has stated that the Will has not been executed by her father and there is already a suit for partition in O.S.2332 of 2019 pending before the I Additional City Civil Judge, Chennai. Therefore, her objections have to be heard.

2. Considering the above submissions and the fact that the 2nd respondent has a caveatable interest, the Original Petition is converted into Testamentary Original Suit. The Registry is directed to number the same.

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