Malarvizhi v. R.Ravichandran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mrs.Malarvizhi ... Petitioner Vs R.Ravichandran ... Respondent PRAYER: Original Petition filed for Letters of Administration under Sections 232 and 276 of Indian Succession Act 1925 read with Order XXV Rule 5 of the Madras High Court Original Side Rules, 1956 for grant of Letters of Administration with the Will annexed may be granted to her as the daughter and the legatee under the Will of the said deceased having effect limited to the State of Tamil Nadu.

For Petitioner : Mr.R.Krishnan For Respondents : No Appearance

ORDER

This Original Petition has been filed for issuance of the Letters of Administration in respect of the Will dated 29.05.2006 executed by late 1/5

P.Ranganathan, who died on 17.04.2007. The petitioner and respondent are the children and only surviving legal heirs of the testator. The petitioner is the beneficiary under the said will. The respondents inspite of service of notice have remained absent and kept themselves away from this proceedings. .The petitioner seeks issuance of Letters of Administration in respect of the properties situated within the jurisdiction of this court.

2. The petitioner has been examined as PW1. She has produced the death certificates of the Testator and testator wife late.R.Suguna along with Certificate u/s 65B of IEA as Ex.P3 and Ex.P4. The Original registered will and testament dated 29.05.2006 as Ex.P1. The legal heir certificate of the testator and his wife as Ex.P2 and Ex.P5. On perusal of the Ex.P2 and Ex.P5, it clearly exhibits that the petitioner and respondent are the only surviving legal heirs of the testator late.P.Ranganathan.

3. The petitioner has examined Mr.A.J.Raman, who is the first attesting witness to the said Will as PW2. He has spoken about the execution of the Will by the testator and its attestation by him and his affidavit is marked as Ex.P10.

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4. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioner, in respect of the Will dated 29.05.2006 of the testator late P.Ranganathan. 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. Index :Yes/No Speaking: Yes/ No Petitioner's witness:

P.W.1 -Mrs.Malarvizhi P.W.2 - Mr.A.J.Raman 3/5

Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Original registered Will and Testament dated 29.05.2006 executed by Mr.P.Ranganathan Ex.P2 Photocopy of the legal heirship certificate of Mr.P.Ranganathan (Compared with the original) Ex.P3 Computer generated death certificate of Mr.P.Ranganathan, along with affidavit under Section 65B of the Indian Evidence Act, 1872.

Ex.P4 Computer generated death certificate of Mrs.R.Suguna, along with affidavit under Section 65B of the Indian Evidence Act, 1872 Ex.P5 Computer generated legal heir ship certificate of Mrs.R.Suguna, along with affidavit under Section 65B of the Indian Evidence Act, 1872.

Ex.P6 Photocopy of the PW-1's Aadhar Card Ex.P7 Affidavit of assets showing the net value of the estate as Rs.42,00,000/- Ex.P8 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 20.11.2024.

Ex.P9 Copy of the paper publication effected in one issue of English Daily "Trinity Mirror" dated 27.11.2024.

Ex.P10 PW-2's affidavit Ex.P11 Photocopy of PW-2's Aadhar Card (Compared with the original) 4/5

K.KUMARESH BABU,J.

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