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Madras High CourtOP/715/2017allowed

Will (6) And Codicil Of V.G.Radhakrishnan v. Mrs.Kalyani

2019-07-31Honourable Mr Justice R. Subramanian2 pages

O.P.No. 715 of 2017 O.P.No. 715 of 2017 R.SUBRAMANIAN, J.

The petitioners seek issuance of letters of administration in respect of the last Will and testament dated 13.08.2008 executed by V.G.Radhakrishnan and the Codicil dated 30.04.2012. The testator namely, V.G.Radhakrishnan died on 29.12.2014.

2. The first petitioner is the testator's wife's sister's son and the second petitioner is the testator's brother's son. The respondents are the Class - II legal heirs of the deceased V.G.Radhakrishnan. The first petitioner has been examined as P.W.1. He has produced the original Will as Ex.P1. Exs.P2 and P3 are the death certificates of R.Lalitha, wife of V.G.Radhakrishnan and V.G.Radhakrishnan respectively. Exs.P5 to P12 are the receipts given by various institutions to whom monies have been bequeathed by the said Radhakrishnan. Ex.P13 is the original Codicil dated 30.04.2012. Paper publications have been made as required under law and no objections have been received. The petitioners were also examined one R.Savithri as P.W.2. She is an attesting witness to the Will. She has spoken about the execution of the Will by the testator and its attestation by herself along with one T.N.Ravikumar. All the respondents have filed their consent affidavits. Mr. Saravana Sowmiyan, learned 1/2 http://www.judis.nic.in

O.P.No. 715 of 2017 R.SUBRAMANIAN, J.

kkn counsel appearing for 4th respondent and Mr.J.Surendra Babu, learned counsel appearing for the respondents 1 to 3 and 5 to 9 would submit that they have no objection for grant of letters of administration in favour of the petitioners.

3. In view of the evidence available, I find that the petitioners have proved the Will as required under law and they are entitled to letters of administration to the copy of the Will annexed. In fine, this original petition is allowed granting letters of administration in respect of the Will dated 13.08.2008 and Codicil dated 30.04.2012 in favour of the petitioners. The petitioners shall execute bond for Rs.10,000/- each.

31.07.2019 kkn O.P.No. 715 of 2017 2/2 http://www.judis.nic.in