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Madras High CourtOP/108/2022allowed

Karthik Rajan v. Saraswathi Venkataraman

2022-09-28Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No. 108 of 2022 C.V.KARTHIKEYAN, J.

This Petition has been filed under Section 232, 255 and 276 of the Indian Succession Act 1925, seeking grant of Letters of Administration with Will annexed of C.Venkataraman, who died on 22.09.2017.

2. The petitioner is the legatee under the Will. The respondent is his wife. The deceased had executed a Will dated 31.10.2010. The executor had been named under the Will, had filed an affidavit relinquishing that responsibility. This had necessitated the petitioner in his capacity as Legatee, to file this Application seeking Letters of Administration. 3.

The Respondent had also filed her consent. During evidence, the petitioner examined as PW-1. The death certificate of C.Venkataraman was marked as Ex.P-1, the original Will dated 31.10.2010 was marked as Ex.P-2, the legalheirship certificate of C.Venkataraman was marked as Ex.P-3. The affidavit of the executor was marked as Ex.P-5 and the consent affidavit of the respondent was marked as Ex.P-6.

https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

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4. The petitioner also examined Mahesh Krishnan as PW-2. He was one of the attesting witness. He confirmed and identified the Will and also identified the signatures in the Will. He specifically stated that C.Venkataraman was in sound and disposing state of mind at the time of execution of the Will.

5. In view of the evidence presented, this Original Petition stands allowed as follows:- (a) the letters of administration shall be issued in favour of the petitioner in respect of the properties mentioned in the petition. (c) The petitioner is directed to duly administer the said properties of the deceased.

(d) The petitioner is also directed to execute a security 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. (e) The petitioner is further directed to render true and correct accounts once in a year.

28.09.2022 Index:Yes/No Internet :Yes/No vsg O.P.No. 108 of 2022 https://www.mhc.tn.gov.in/judis