Dr.R.Sridharan v. R.Jagan Mohan And 4 Others

O.P.No.573 of 2023 RMT.TEEKAA RAMAN,J.

This original petition has been filed taking under Sections 222 and 276 of the Indian Succession Act, 1925 along with relevant rules of the Original Side of Madras High Court seeking grant of Letters of Administration with Will annexed of P.Ramachandran, who had died on 25.05.2001. The property is situated in Anna Nagar (West), Chennai.

2. Paper Publication has been effected.

3. The petitioner is the executor under the Will dated 22.02.1999 of deceased P.Ramachandran and his name was mentioned in the Will. The 3rd respondent and the 4th respondent are the sons of the predeceased daughter Dr.R.Saraladevi. The 5th respondent is the daughter as well as the beneficiary along with the petitioner.

4. The petitioner had examined himself as PW-1 and the registered Will dated 22.02.1999 was marked as Ex.P1. Ex.P2 is the sale deed dated 02.07.1997 executed in favour of Mr.P.Ramachandran. Ex.P3 is the sale deed dated 02.07.1997 executed in favour of Dr.R.Sridharan. Ex.P4 is the affidavit of assets showing the net value of the estate as Rs.3,00,00,000/-. Ex.P5 is the death certificate of Mr.P.Ramachandran. Ex.P6 is the legal heir certificate and Ex.P7 is the affidavit of attesting witness. https://www.mhc.tn.gov.in/judis

RMT.TEEKAA RAMAN,J., nvi 5.In view of the evidence of PW1 and in view of the death of the Testator and the existence of the Will under the Probator and the evidence of the attestor, I am of the considered view that the necessary ingredients under Section 68 of the BSNS Act and hence, I am inclined to grant of probate.

6. In view of the evidence adduced, this Original Petition stands allowed. The probate may be issued in favour of the petitioner in accordance with the rules 20.08.2024 nvi O.P.No.573 of 2023 https://www.mhc.tn.gov.in/judis