Ashok Kumar Krishnamoorthy v. G. Indira
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mr.Ashok Kumar Krishnamoorthy Adopted S/o.Late.Mrs.K.Jayalakshmi and Late Mr.Krishnamoorthy and 2828, 146 ST Surrey BC V4P 0B1, Canada.
Represented through his Power of Attorney Agent Ms.K.Vijayalakshmi W/o.Mr.Krishnamoorthy residing at 2nd Block, Cedar Park, 4th Main Road Extension, Kotturpuram, Chennai - 600 085.
Tamil Nadu, India.
And also, at A-14, Sangeeth Apts, D.No.137, Cart Track Road, Velachery, Chennai - 600 042.
...Petitioner
vs.
Mrs.G.Indira
...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 the O.S.Rules, prays that Letters of Administration with the WILL annexed may be granted to the petitioner as the beneficiary adopted son under the said 1/6
WILL having effect throughout the State of Tamil Nadu. For Petitioner : M/s.Priyanka.R For Respondent : Mr.U.Venkatesh
ORDER
This Original Petition has been filed for issuance of the Letters of Administration in respect of the Will dated 25.06.2008 executed by late.Mrs.K.Jayalakshmi, who died on 05.01.2024. The petitioner who is represented by his Power of Attorney Mrs.K.Vijayalakshmi is the legally adopted son of the Testatrix. The petitioner is the only beneficiary under the said will. The petitioner seeks issuance of Letters of Administration in respect of the properties situated within the jurisdiction of this court (the name of the deceased has been wrongly provided in the evidence).
2. The Power of Attorney of the petitioner has examined herself as PW1. She has produced the death certificate of the Testatrix as Ex.P3. The certified copy of the registered will and testament dated 25.06.2008 as Ex.P2. The legal heir certificate of the testatrix as Ex.P4. The Testatrix and her predeceased husband Mr.K.Krishnamoorthy did not have any issues in the duration of their marriage. On perusal of the Ex.P4, it clearly exhibits that 2/6
the testatrix has the petitioner her adopted son and the respondent her adopted daughter as the only surviving legal heirs. A perusal of the Ex.P2 clearly exhibits that the petitioner is the only beneficiary under the said will.
3. The respondent Mrs.G.Indira who examined herself as the first attesting witness to the said will as PW2. She has spoken about the execution of the Will by the testatrix and its attestation by her and has marked her affidavit as Ex.P12.
4. The Paper publications have been made which are marked as Ex.P9 and Ex.P10, no objections were received.
5. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.
6. It is to be noted that in the Chief examination that had been deposed, the name of the deceased as been noted as Mrs.K.Vijayalakshmi Ammal in Ex.P2, Ex.P3, Ex.P4 and Ex.P7. A perusal of the said exhibits would only disclose that the name of the deceased as Mrs.K.Jayalakshmi Ammal. In such 3/6
view of the matter, in the foot of the order, in the list of documents, the name of the deceased shall be reflected as Mrs.K.Jayalakshmi Ammal in Ex.P2, Ex.P3, Ex.P4 and Ex.P7.
7. 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 25.06.2008 of the testatrix late.Mrs.K.Jayalakshmi. The Power of Attorney of 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 and 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 Petitioner's witness:
P.W.1 - Ms.Vijayalakshmi P.W.2 - Mrs.G.Indira Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the power of attorney dated 08.04.2024 4/6
executed in favor of Mr.Ashok Kumar Krishnamoorthy (Compared with the original).
Ex.P2 Original registered Will dated 25.06.2008 executed by Mrs.K.Jayalakshmi Ammal.
Ex.P3 Computer-generated death certificate of Mrs.K.Jayalakshmi.
Ex.P4 Computer-generated legal heirship certificate of Mrs.K.Jayalakshmi.
Ex.P5 Computer-generated death certificate of Mr.S.Gopalakrishnan.
Ex.P6 Computer-generated legal heirship certificate of Mr. S.Gopalakrishnan.
Ex.P7 Photocopy of the sale deed dated 25.06.2008 executed in favor of Mrs.K.Jayalakshmi Ammal.
Ex.P8 Affidavit of Assets showing the net value of the estate as Rs. 39,18,000/-.
Ex.P9 Copy of the paper publication effected in one issue of English daily "Trinity Mirror" dated 27.11.2024. Ex.P10 Copy of the paper publication effected in one issue of Tamil daily "Makkal Kural" dated 04.12.2024.
Ex.P11 Certificate under Section 65B of the Indian Evidence Act, 1872 (in respect of Exs.P3, P4, P5, and P6). Ex.P12 My affidavit.
Ex.P13 Photocopy of my Aadhaar Card (Compared with the original) 5/6
K.KUMARESH BABU, J.
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