G.Shyam Prasad v. G.Rama Prasad Alias Ram Prasad And 17 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU G.Shyam Prasad ... Petitioner Vs 1.G.Rama Prasad Alias Ram Prasad 2.G.Neelima 3.G.Bhagyavathy 4.G.Lakshmidevi 5.G.Bhaskar 6.G.Jayanthi alias Jalaja 7.G.Prabhkar alias Prakash 8.G.Subbaratnam 9.G.Rajesekar 10.G.Chiranjeevi 11.G.Venkatesh 12.G.Chandra 13.G.Hemavathi 14.G.Vanajakshi 15.G.Vamsi Krishna G.Anand 17.G.Vasundara 18.G.Subashini ... Respondents 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 to the petitioner as grandson/ beneficiary under the last Will and testament of deceased, G.Nagiah. 1/7
For Petitioner : Mr.Mithreyi Kasthurirangan for Mr.K.Harishankar For Respondents : No appearance
ORDER
This Original Petition has been filed for issuance of Letters of Administration in respect of the Will dated 01.04.1995, executed by late G.Nagiah, who died on 01.05.2000. The petitioner, first, fifth, seventh, ninth, tenth, fifteenth and sixteenth respondents are grandsons, second, sixth, seventeenth and eighteenth respondents are granddaughters, eleventh respondent is son, third, fourth and eight respondents are daughter in-laws and twelfth, thirteenth and fourteenth respondents are daughters of the testator. The petitioner and the first, fifth, seventh, ninth, tenth and fifteenth respondents are the beneficiaries under the Will. The testator 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 has been examined as P.W.1. He has produced the death certificate of the testator G.Nagiah as, Ex.P2. The Original registered Will dated 01.04.1995, has been produced as Ex.P1. The legal heirship certificate of the testator has been produced as Ex.P3. A perusal of Ex.P3 2/7
shows that the eleventh, twelfth, thirteenth and fourteenth respondents are the only surviving Class-I legal heirs of the testator. The respondents have expressed their consent to grant Letters of Administration in favour of the petitioner, and their consent affidavits are marked as Exs.P5 to P22. A paper publication has been made and any objections have not been received.
3. The petitioner has examined one Mr.G.Anand, who is the first attesting witness to the said Will as P.W.2. He has spoken about the execution of the Will by the testator and its attestation by himself and Mr.R.V.Narayanan.
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 01.04.1995 of the testator G.Nagiah. 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. 25.04.2023 gba Index :Yes/No 3/7
Speaking order: Yes/ No Petitioner's witness:
P.W.1 - Mr.G.Shyam Prasad P.W.2 - Mr.G.Anand Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Original registered Will dated 01.04.1995 executed by Mr.G.Nagiah Ex.P2 Original death certificate of Mr.G.Nagiah Ex.P3 Photocopy of the legal heir certificate of Mr.G.Nagiah Ex.P4 Affidavit of assets showing the net value of the estate as Rs.1,27,83,500/- Ex.P5 Consent affidavit given by the 1st respondent Ex.P6 Consent affidavit given by the 2nd respondent Ex.P7 Consent affidavit given by the 3rd respondent Ex.P8 Consent affidavit given by the 4th respondent Ex.P9 Consent affidavit given by the 5th respondent Ex.P10 Consent affidavit given by the 6th respondent Ex.P11 Consent affidavit given by the 7th respondent Ex.P12 Consent affidavit given by the 8th respondent Ex.P13 Consent affidavit given by the 9th respondent Ex.P14 Consent affidavit given by the 10th respondent Ex.P15 Consent affidavit given by the 11th respondent Ex.P16 Consent affidavit given by the 12th respondent 4/7
Exhibits Documents Ex.P17 Consent affidavit given by the 13th respondent Ex.P18 Consent affidavit given by the 14th respondent Ex.P19 Consent affidavit given by the 15th respondent Ex.P20 Consent affidavit given by the 16th respondent Ex.P21 Consent affidavit given by the 17th respondent Ex.P22 Consent affidavit given by the 18th respondent Ex.P23 Photocopy of the sale deed dated 03.11.1958 Ex.P24 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural"
Ex.P25 Copy of paper publication effected in one issue of English daily "Trinity Mirror" dated 30.08.2022 Ex.P26 Affidavit of the 1st attesting witness PW2 25.04.2023 gba 5/7
K.KUMARESH BABU,J.
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