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Madras High CourtA/4775/2022allowed

C.R.Rajalakshmi (Deceased) 1.Mrs.R.Gayathri And Another v. R.Ashalakshmi And 6 Others

2022-10-28Honourable Mr Justice C.V. Karthikeyan2 pages

A.Nos.4775 & 4776 of 2022 A.Nos.4775 & 4776 of 2022 in O.P.No.806 of 2021 C.V.KARTHIKEYAN,J., The 1st petitioner/executor of the Will had died.

2. This application has been filed seeking probate.

3. Now, probate cannot be granted, owing to the death of the executor but the petition can be converted into a petition seeking Letters of Administration with the Will annexed.

4. The 2nd and 3rd respondents are the beneficiaries under the will.

5. The application No.4775/2022 has therefore been filed, seeking to transpose them as petitioners and seek the relief of Letters of Administration to be granted with the Will annexed.

6. Application No.4776/2022 had been filed as the consequential application to carry out necessary amendment in the Original Petition reflecting the death of the petitioner and to transpose the 2nd and 3rd respondents as petitioners and label them as petitioners and also necessary relief to grant Letters of Administration with the Will annexed instead of probate of the Will.

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A.Nos.4775 & 4776 of 2022 C.V.KARTHIKEYAN,J., ssi

7. It is stated by Mr.A.C.Chandrasekar, learned counsel for the petitioner that though there are other respondents, there is no contest to the Will and there are no objections for grant of relief with respect to the Will. In view of these submissions, both the applications are allowed. 28.10.2022 (1/2) ssi A.Nos.4775 & 4776 of 2022 2/2 https://www.mhc.tn.gov.in/judis