Will (5) Of R.Srinivasan v. Mr.S.Ramaratnam

O.P.No.675 of 2017 R.SUBRAMANIAN, J., This petitioner seeks Letters of Administration with the Will annexed to the petitioners as one of the sons and daughter / beneficiaries under the Will of the deceased R.Srinivasan, dated 13.02.2002. The testator R.Srinivasan died on 04.05.2010.

2. The petitioners are the son and daughter of the deceased Srinivasan and the respondent is another son of the testator.

3. The 1st petitioner examined himself as PW1. He has produced the death certificate of the deceased R.Srinivasan which was marked as Ex.P1. The original Will dated 13.02.2002 was marked as Ex.P2. Original legal heirship certificate was marked as Ex.P3. A perusal of Ex.P3 shows that the petitioners and the respondent are the legal heirs of the deceased R.Srinivasan. The respondent though served, has not entered appearance to contest the Will. The petitioners have also examined Mr.T.S.Radhakrishnan one of the attesting witness as PW3. The said Radhakrishnan has spoken about the execution of the Will by the testator in his presence and in the presence of one Mrs.M.Lakshmi.

The petitioners have also examined one Mr.R.Venkatesan as PW3 who has also identified the signature of the attesting witness.

4. In view of the evidence available, I find that the petitioners have proved the Will and they are entitled to the Letters of Administration with the copy of the Will annexed. This Original Petition is therefore allowed, granting Letters of Administration with a copy of the Will annexed for the Will dated 13.02.2002. The petitioners shall execute a 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.

26.03.2019 ssn

R.SUBRAMANIAN, J., ssn O.P.No.675 of 2017 26.03.2019