Ar.Meyyappan v. Ar.Somasundaram
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2023 CORAM : JUSTICE N.SESHASAYEE AR.Meyyappan .... Petitioner / Plaintiff Vs AR.Somasundaram .... Respondent/3rd Defendant Prayer : Petition filed under Section 232 & 276 of the Indian Succession Act XXXIX of 1995 for the grant of Letters of Administration. For Plaintiff : Ms.G.Sumitra
JUDGMENT
This testamentary suit is laid for grant of Letters of Administration to the plaintiff for the administration of the estate of late AR.Meenakshi Aachi on the strength of her last Will and Testament dated 28.01.1998. The Will was attested by Mr.AR.Somasundaram and Mr.L.Chockalingam. Of the two attesting witnesses, one is the caveator himself ( AR.Somasundaram) and the 1/5
other (Chockalingam) is dead. To prove the signature of the deceased witness namely Chockalingam, his daughter P.W.2 was examined, who identified his father's signature in Ext.P1, Will. This signature of the attesting witness is marked as Ext.P.16.
2. Accordingly, T.O.S. No.25 of 2019 is allowed by granting letters of administration with the Will annexed to by the plaintiff in respect of the estate bequeathed under the last Will and testament of the late late AR.Meenakshi Aachi, dated 01.09.2017. The plaintiff 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 plaintiff 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 order / Non-speaking order ds 2/5
APPENDIX I. Witnesses :
Plaintiffs :
P.W.1 Mr.A.R.Meyappan P.W.2 Mrs.N.Meenakshi II. Exhibits :
Ext.P1 28.01.1998 Original Will dated 28.01.1998 Ext.P2 ....12.2005 Certified copy of the consent affidavit of the third respondent filed in S.O.P.No.5/2005 on the file of Sub Judge, Devakottai Ext.P3 12.08.2005 Certified copy of the proof affidavit of the fifth respondent filed in S.O.P.No.5/2005 on the file of Sub Judge, Devakottai Ext.P4 12.08.2005 Certified copy of Succession Certificate granted in S.O.P.No.5 of 2005 on the file of Sub Judge, Devakottai Ext.P5 21.11.2007 Original Death Certificate of Mrs.RM.Meenatchi Ext.P6 13.03.2010 Certified translation copy of Letter of Administration granted in Petition No.31-29-2000 by High Court of Malaysia at IPOH, State of Perak Dairul Ridzuan for the Will and Testament of late Arunachalam Chettiar (father of petitioner) Ext.P7 07.03.2020 Paper publication in English Daily Virtual Times Ext.
P8 16.03.2020 Paper publication in Tamil Daily Malai Chudar Ext.P9 30.06.2017 Affidavit of Assets Ext.P10 11.06.2017 Consent affidavit of Mr.AR.Sevugan Chettiar Ext.P11 11.06.2017 Consent affidavit of Mr.PM.Ramanathan Ext.P12 25.05.2017 Consent affidavit of Ms.V.Alagammai Ext.P13 11.06.2017 Consent affidavit of Ms.D.Meenakshi Uma Ext.P14 11.06.2017 Consent affidavit of Ms.AR.Chellammai Ext.P15 19.12.1968 Certified copy of sale deed executed by V.K.Kalyanasundaram Chettiyar in favou of Tmt.AR.Meenatchi Achi Ext.P16 Signature in Ext.
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N.SESHASAYEE.J., ds 5/5