N.Krishna And 2 Others v. Abaranji
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN O.P. No. 428 of 2023 1.N.Krishna 2.N.Aranka 3.N.Sujatha ... Petitioners Vs.
Abaranji ... Respondent PRAYER: Original Petition filed under Sections 232 and 276 of the Indian Succession Act XXXIX of 1925, read with Order XXV Rule 5 of Original Side Rules to grant Letters of Administration with Will dated 29.01.2022 annexed of the properties and credits of the deceased to the petitioners who are the beneficiaries as legatee under the Will of the said deceased, having effect throughout the whole of the State of Tamil Nadu. For Petitioners : Mr.K.Bhasker For Respondent : Ms.C.S.Radhika
O R D E R
The petition has been filed for the grant of letters of administration with Will annexed relating to the Will dated 29.01.2022 executed by K.Nandakumar, who died on 27.02.2022. 2.
He was the father of the 1st and 2nd petitioners and husband of the 3rd petitioner and son of the respondent. The respondent had given her consent for grant of letters of administration. 3.
After following due procedure, the petitioners were directed to tender evidence. Accordingly, the 1st petitioner examined himself as P.W.1. He marked the death certificate and legal heirship certificate of his father as Exs.P1 and P2 and the documents relating to the properties as Exs.P3, P4, P5, P6 and P7 and the document relating to the Superannuation and nomination and service certificate as Exs.P9 and P10. The original Will dated 29.01.2022 was marked as Ex.P8. The petitioner also examined Mr.S.Heinz Chequevara as P.W.2, who is the
husband of the 2nd petitioner and the attestor to Ex.P8 Will. He affirmed the Will and stated that it was executed in his presence and in the presence of the other attesting witness and at that time, Mr.K.Nandakumar was in sound state of mind. He also filed his affidavit, which was Ex.P14.
4.
Taking into consideration the evidences adduced and documents produced, this Original Petition is allowed. Letters of administration to be granted to the petitioners in accordance with rules. Such Letters of Administration shall have effect throughout the State of Tamil Nadu. The petitioners are 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 and they are 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 gsa
APPENDIX Petitioners' witness:
P.W.1 - N.Krishna P.W.2 - Mr.S.Heinz Chequevara Documents marked:
Exhibits Documents Ex.P1 Computer generated death certificate of Mr.K.Nandakumar. Ex.P2 Computer generated legal heir certificate of Mr.K.Nandakumar.
Ex.P3 Photocopy of the sale deed dated 02.05.2011 executed in favour of Mr.K.Nandakumar (compared with the original). Ex.P4 Photocopy of the sale deed dated 19.06.2012 executed in favour of Mr.K.Nandakumar (compared with the original). Ex.P5 Photocopy of the sale deed dated 01.02.2013 executed in favour of Mr.K.Nandakumar (compared with the original). Ex.P6 Photocopy of the sale deed dated 25.05.2018 executed in favour of Mr.K.Nandakumar (compared with the original). Ex.P7 Photocopy of the loan sanction letter dated 19.05.2011 given by Repco Home Finance Limited to Mr.K.Nandakumar (compared with the original). Ex.P8 Original Will dated 29.01.2022 executed by Mr.K.Nandakumar.
Ex.P9 Photocopy of the superannuation nomination form given by
Exhibits Documents Mr.K.Nandakumar on 28.01.2022 to Indian Oil Corporation Limited (compared with the original).
Ex.P10 Photocopy of the service certificate dated 28.08.4022 issued by Chennai Petroleum Corporation Limited to Mr.K.Nandakumar (compared with the original). Ex.P11 Affidavit of assets showing the net value of the estate as Rs.1,23,83,061/-.
Ex.P12 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 18.11.2023.
Ex.P13 Copy of the paper publication effected in one issue of English Daily "Trinity Mirror" dated 25.11.2023. Ex.P14 Affidavit of Mr.S.Heinz Chequevara.
gsa
C.V.KARTHIKEYAN,J.
Gsa O.P. No. 428 of 2023