Renuka R And 14 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Renuka.R 2.Balakrishnaa.V 3.Jayaraj.V 4.V.Gopinath 5.Srinivasan.V 6.V.Krishnakumar 7.K.Geetha 8.Mugundhan Vasudevan 9.Jayaraman.N 10.Ramesh.J 11.Meenakumari.S 12.Savithri.R 13.Sujatha.R 14.Sripriya.H 15.Prathap Haridoss ... Petitioners Prayer: Original Petition filed for issuance of Letters of Administration under Section 232 & 276 of Part IX of the Indian Succession Act, 1925 r/w XXV Rule 5 of the Original Side Rules, prays that Letters of Administration with the Will dated 23.08.2006 reg.Doc.No.77/2006 SRO-Adyar, annexed may be granted to the 10th petitioner Ramesh.J., as the legatee and the grandson of the deceased testator V.Rukmani.
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For Petitioners : Mr.G.B.Sabari Das
ORDER
This original petition has been filed for the issuance of the Letters of Administration in respect of the Will dated 23.08.2006 executed by V. Rukmani, who died on 27.04.2019. The first and seventh petitioners are the daughters, the second to sixth and eighth petitioners are the sons, the ninth to thirteenth petitioners are the legal heirs of the deceased daughter Lalitha, the fourteenth and fifteenth petitioners are the legal heirs of the deceased son Haridoss of the testatrix. The tenth petitioner is the sole beneficiary under the said Will. The testatrix has not appointed any executor under the Will. The tenth petitioner being the beneficiary of the said will seeks issuance of the Letters of Administration in respect of the properties situate within the jurisdiction of this Court.
2.The tenth petitioner has been examined as P.W.1. He has produced the Original registered Will dated 23.08.2006 as, Ex.P1. The death certificates of the testatrix V.Rukmani, J.Lalitha (daughther of the testatrix) and V.Haridoss (son of the testatrix) as Exs.P4, P8 and P10. The legal heirship certificates of testatrix, J.Lalitha and V.Haridoss are marked and produced as Exs.P5, P9 and 2/7
P12. On a perusal of Ex.P5 shows that the petitioners one to eight are the Class-I legal heirs of the testatrix, Ex.P9 shows that the petitioners nine to thirteen are the Class-I legal heirs of deceased J.Lalitha, and Ex.P12 shows that the petitioners fourteen and fifteen are the Class-I legal heirs of deceased V.Haridoss. General publications has been made and any objections have not been received.
3.The tenth petitioner has examined one Mrs.Renuka.R, who is the second attesting witness of the said Will as P.W.2. She has spoken about the execution of the Will by the testatrix and its attestation by herself and one Mr. R.Anand Kumar.
4.In view of the above, this Original Petition is ordered and Letters of Administration is granted to the tenth petitioner, in respect of the registered Will dated 23.08.2006, of the testatrix V.Rukmani. The tenth petitioner is directed to execute a security bond for a sum of Rs.25000/- (Rupees Twenty Five Thousand Only) in the name of the Assistant Registrar (Original Side) of this Court. The tenth petitioner is further directed to file an inventory of assets and a statement of accounts within a period of six months and one year, 3/7
respectively.
30.06.2023 gba Index :Yes/No Internet: Yes/ No Petitioners witness:
P.W.1- Mr.Ramesh P.W.2- Mrs.Renuka.R Exhibits Documents Ex.P1 The original Will registered Doc.No.77/2006 SROAdyar by V.Rukmani w/o Late K.Vasudevan dated 23.08.2006.
Ex.P2 The certified copy of the sale deed registered Doc.No.2831/2004 SRO-Kodambakkam executed by A.K.Prema in favour of Rukmani dated 09.06.2004. Ex.P3 The computer generated copy of the encumbrance certificate survey No.2 part of Puliyur village dated 22.08.2022.
Ex.P4 The computer generated copy of the death certificate of V.Rukmani dated 07.07.2022.
Ex.P5 The computer generated copy of the legal heirship certificate of V.Rukmani dated 08.08.2022.
Ex.P6 The computer generated copy of the death certificate of K.Vasudevan dated 07.07.2022.
Ex.P7 (series 15 Nos) The photocopy of the Aadhaar Card of all the petitioners.
Ex.P8 The computer generated copy of the death certificate of J.Lalitha dated 07.07.2022.
Ex.P9 The computer generated copy of the legal heirship 4/7
Exhibits Documents certificate of J.Lalitha dated 12.08.2022.
Ex.P10 The computer generated copy of the death certificate of V.Haridoss dated 08.07.2022.
Ex.P11 The computer generated copy of the death certificate of Nithya Haridoss dated 20.08.2022.
Ex.P12 The computer generated copy of the legal heirship certificate of V.Haridoss dated 16.08.2019.
Ex.P13 The photocopy of the Aadhaar Card of R.Anand Kumar, the first attesting witness of the Will.
Ex.P14 The second attesting signature found in the Ex.P1 Will dated 23.08.2006.
Ex.P15 The photocopy of the Aadhaar Card of the attesting witness Renuka.R.
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K.KUMARESH BABU,J.
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