R.Lakshimanarayanan v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU R.Lakshminarayanan
...Petitioner
PRAYER: Original Petition filed under Section 232 & 276 of the Indian Succession Act XXXIX of 1925 read with Order XXV Rule 5 of O.S.Rules, prays that this Honorable Court may be pleased to grant Letters of Administration with the Will dated 09.04.2009 annexed thereof to the petitioner as the sister's son of the deceased and beneficiary under the Will of the deceased having effect throughout the State of Tamil Nadu. For Petitioner : M/s.D.Veda
ORDER
This Original Petition had been filed for issuance of the Letters of Administration in respect of the property covered under the registered Will, dated 09.04.2009 executed by one Mrs.S.Rajalakshmi.
2. The petitioner would submit that the testatrix S.Rajalakshmi had been the absolute owner of the property covered under the Will dated 1/5
09.04.2009, which came to be settled in her favour by her sister. It is the case of the petitioner that the testatrix was marked to one S.Ramu, who had predeceased the testatrix on 16.02.2006 and that they did not have any issues arising out of the marriage. The testatrix had executed a registered Will dated 09.04.2009, bearing document No.13 of 2009 on the file of the Sub-Registrar Office, Velachery. The petitioner being the sole beneficiary under the Will seeks for issuance of Letters of Administration.
3. The petitioner had examined himself as PW1 and had marked as Ex.P1 to P6 and Ex.C1 to C2, listed in the foot of the order to substantiate his case. The original registered Will dated 09.04.2009 had been marked as Ex.P1. The death certificates of the testatrix and her husband had been marked as Ex.P3 and Ex.P2. The paper publications had been marked as Ex.C1 and Ex.C2, upon which no objection have been received for the same.
4. One Mr.K.Venkatadri, had been examined as PW2 and he had categorically spoken about the execution of the Ex.P1 by the testatrix and the attestation by him along with one another attestor K.Venkatraman. 2/5
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. 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 09.04.2009 of the testator Late.S.Rajalakshmi. The 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. The petitioner 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 - Mr.R.Lakshminarayanan P.W.2 - Mr.K.Venkatadri Documents exhibited by the petitioners:
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Exhibits Documents Ex.P1 Original Registered Will of S.Rajalakshmi dated 09.04.2009.
Ex.P2 Online copy of death certificate of S.Ramu (date of death 16.02.2006) dated 19.09.2024.
Ex.P3 Online copy of death certificate of S.Rajalakshmi(date of death 25.11.2023) dated 14.12.2023.
Ex.P4 Online copy of property tax receipt of the property dated 13.04.2024.
Ex.P5 Online copy of water tax receipt of the property dated 01.05.2024.
Ex.P6 Original affidavit of assets.
Ex.C1 Original Tamil paper publications in Makkal Kural dated 14.03.2025.
Ex.C2 Original English Paper publications in Trinity Mirror dated 21.03.2025.
Certificate under Section 63 BSA 2023 filed for Ex.P2 to Ex.P5.
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K.KUMARESH BABU, J.
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