K.S.Subramanian v. S.Karpagavalli And 4 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2023
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA O.P.No. 132 of 2023 K.S.Subramanian ...
Petitioner Vs.
1. S.Karpagavalli
2. Jayanthi Rajaram
3. Subha Sundaram
4. K.S.Ananthalakshmi
5. C.G.Annapurani ....
Respondents Original Petition is filed under Section 232 & 276 of the Indian Succession Act, 1925 (Act XXXIX of 1925) read with Order XXV, Rule-5 of Original Side Rules, 1956 to grant Letters of Administration with the Will annexed, of the property and credit of the deceased late K.S.Subramaniyam to his grandson, the petitioner herein, being the sole beneficiary under the Will of the deceased, having effect throughout the State of Tamil Nadu. For Petitioner : Mr.Mahima Makhija Praveen. D 1/7
ORDER
This Original Petition has been filed under Section 232 & 276 of the Indian Succession Act, 1925 (Act XXXIX of 1925) and under Order XXV, Rule-5 of Original Side Rules seeking for grant of Letters of Administration with the Will annexed to the property of the deceased late K.S.Subramaniyam, to his grandson, the petitioner herein, being the sole beneficiary under the Will of the deceased, having effect throughout the State of Tamil Nadu.
2. The averments in the petition are as follows:- The petition mentioned property belonged to one K.Subramaniyam by virtue of a sale deed dated 29.04.1988. The said K.Subramaniyam had executed an unregistered Will dated 06.01.2000 by creating life interest in favour of his wife P.M.Ananthalakshmi and thereafter absolute right in respect of the property in favour of his grandson who is the petitioner herein. The respondents 1 to 3 are the daughters of the testator and the fourth respondent is the daughter of the third respondent and the fifth respondent is the daughter of the testator. K.Subramaniyam died on 02.01.2001. Since the Will has came into effect, the petitioner had filed this petition seeking Letters of Administration.
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3. It is submitted by the learned counsel for the petitioner that the petitioner was not aware of the Will and he came to know about the same just recently and hence there is a delay in filing this petition.
4. The petitioner examined himself as P.W.1 and Exs. P1 to P15 were marked.
5. The Will dated 06.01.2000 has been marked as Ex.P6. Ex.P1 is the death certificate of K.Subramaniyam. Ex.P2 is the legal heirship certificate of K.Subramaniyam which shows that the testator had three daughters and one son. Ex.P5 is the death certificate of the P.M.Ananthalakshmi and that would show that the wife of the testator died on 13.04.2018. The respondents who are the daughters, granddaughter and daughter-in-law of the testator have also given their consent affidavit and they have been marked as Exs.P7 to P11.
6. Paper publication issued in one issue of Tamil daily "Makkal Kural" and English daily "Trinity Mirror" did not attract any objectors. 3/7
7. One of the attestors of the Will by name K.Jayamkondan was examined as P.W.2 and he had stated in his evidence that he along with one A.R.Krishnan have attested the Will. He further stated that the testator had signed the Will in their presence and that at the time when the Will was executed, he was in sound and disposing state of mind at the time. He further stated that they have attested the Will in the presence of the testator K.S.Subramaniyam.
8. With the statement of P.W.1 and P.W.2 and other documents in record, the first petitioner has proved that the Will has been executed in terms of Section 63(c) of the Indian Succession Act and its genuineness is proved in accordance with Section 68 of the Indian Evidence Act.. Since the petitioner had proved the genuineness of the Will and consent affidavits has been filed by the respondents to issue Letters of Administration in favour of the petitioner, the relief sought shall be granted.
9. Hence, this Original Petition is allowed by granting Letters of Administration to the petitioner with the Will dated 06.01.2000 of K.S.Subramaniyam annexed thereto. Such Letters of Administration shall have effect throughout the State of Tamil Nadu. The petitioner is directed 4/7
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.
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APPENDIX Petitioner's witness:
P.W.1 - K.S.Subramanian P.W.2 - K.Jayamkondan Documents marked:
Exhibits Documents P1 Death certificate of K.S.Subramaniyam P2 Legal heir certificate of K.S.Subramaniyam P3 Death certificate of K.S.Sivaramakrishnan P4 Legal heir certificate of K.S.Sivaramakrishnan P5 Death certificate of petitioner's grandmother P.M.Ananthalakshmi P6 Original Will dated 06.01.2000 P7 Consent affidavit of the first respondent P8 Consent affidavit of the second respondent P9 Consent affidavit of the third respondent P10 Consent affidavit of the fourth respondent P11 Consent affidavit of the fifth respondent P12 Registered sale deed dated 29.04.1998 P13 Affidavit of assets P14 Paper publication dated 22.07.2023 P15 Paper publication dated 29.07.2023 P16 Photocopy of Aadhar Card of P.W.2 P17 Affidavit of P.W.2 05.09.2023 bkn 6/7
R.N.MANJULA, J.
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