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Madras High CourtOP/44/2023ordered

Santha Dharmaraj And 4 Others v. No Respondent

2023-12-07Honourable Mr Justice N. Sathish Kumar4 pages

O.P. No.44 of 2023 N.SATHISH KUMAR, J.

This Petition has been filed under Sections 232 and 276 of the Indian Succession Act read with Order XXV Rule 5 of the Original Side Rules, seeking to grant of Letters of Administration in favour of the petitioners.

2. This petition has been filed for grant of Letters Administration in respect of the Will of one S.P.Dharamaraj executed on 31.01.2018 bequeathing the schedule properties in favour of the petitioners. It is the case of the petitioner that the deceased died on 13.01.2022. The first petitioner is the wife, the petitioners 2 to 5 are the daughter of the testator. The amount of assets which is likely to come to the petitioners' hands does not exceed in the aggregate sum of Rs.4,80,00,000/- and the net amount of the said assets after deducting all the items, which the petitioners are by law to deduct is only of the value of Rs.4,80,00,000/-. The petitioners hereby undertake to duly administer the specified property and credits of the 1/4

deceased in any way concerning his Will by paying the debts first and then the legacies therein bequeathed so far as the assets will extend and to make full and true inventory thereof and exhibits the same in this Court within the six months from the date of the grant of a Letters of Administration with the Will annexed to the petition and also to render to this Court a true account of the said property within one year from the said date.

3. The second petitioner has been examined as P.W.1. P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Letters of Administration in their favour in respect of the Last Will and Testament executed by the deceased S.P.Dharamaraj on 31.01.2018. The Will executed by the deceased S.P.Dharmaraj has been marked as Ex.P.1. The deceased S.P.Dharmaraj has executed the Will on 31.01.2018. Ex.P.6 is the computer generated death certificate of the deceased S.P.Dharmaraj. Ex.P.6 has been filed to prove that the testator S.P.Dharmaraj died on 13.01.2022. Ex.P.7 is the computer generated legal heirship certificate of the testator. Exs.P8 to P12 are the photocopies of the Aadhar card of the petitioners. Ex.P15 is the affidavit of 2/4

assets showing the net value of the estate as Rs.4,80,00,000/-. Exs.P.16 & P17 and Exs.P.16 & P.17 are paper publications, but none have objected for the same.

4. One S.Ravirajan, who is one of the attesting witness in the Will, was examined as P.W.2. In his evidence, he has stated that he has signed as the first attesting witness in the Will. He has further stated in his evidence that the testator was in sound state of mind while executing the Will and he has also seen the testator signing the Will and the other attesting witness signing in the document. He has also stated that the testator has seen the attesting witnesses subscribing their signature in the Will. The evidence of attesting witness not only prove the execution but also attestation of the Will and there is no other materials to suspect the Will.

5. In view of the above facts, I am of the view that the petitioners have proved the execution and attestation of the Will. Hence, the petitioners are entitled for the issuance of Letters of Administration in their favour. 3/4

N.SATHISH KUMAR, J.

6. Accordingly, this petition is allowed. Issue Letters of Administration in favour of the petitioners. The petitioner are directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioners are also directed to execute a security bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) in favour of the Assistant Registrar (O.S.II), High Court, Madras. The petitioners are further directed to render true and correct accounts once in a year.

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