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Madras High CourtOP/1/2022allowed

Aparna Jayaraman v. Vimala Jayaraman

2022-10-10Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No.1 of 2022 C.V.KARTHIKEYAN,J.

This Original Petition has been filed taking advantage of Sections 232 and 276 of the Indian Succession Act, 1925 seeking grant of Letters of Administration with will annexed relating to the registered Will dated 11.06.2020 executed by the maternal aunt of the petitioner, Shyamala Venkatraman who died on 08.07.2021.

2.The petitioner is the beneficiary under the Will. The respondent is her mother / sister of the testatrix. The parents of the testatrix had predeceased the testatrix. There are no other legal representatives. 3.The petitioner was examined as PW-1. The Will dated 11.06.2020 was marked as Ex.P2. The death certificate of the testatrix, Shyamala Venkatraman was marked as Ex.P3. The consent affidavit of the respondent was marked as Ex.P6. The petitioner also examined H.Pandian as PW-2. He was a neighbour and he had signed as an attestor. He stated that he identified the Will and also identified the signature of the testatrix. He stated that his wife Latha Pandian also attested the Will as a second attestor. He specifically stated that the testatrix was in a sound and disposing state of https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN,J.

smv mind at the time of execution of Ex.P2 Will. He had also filed his affidavit and his affidavit was marked as Ex.P9.

4.In view of the evidence adduced, I hold there is every reason to grant the relief sought in the Original Petition namely, granting Letters of Administration with will annexed.

5.With the above observations, this Original Petition stands allowed. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioner is directed to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of the Assistant Registrar (O.S.II) High Court, Madras. The petitioner is further directed to render true and correct accounts once in a year.

10.10.2022 smv O.P.No.1 of 2022 https://www.mhc.tn.gov.in/judis