Mr.Kasturi Rangan And Another v. Chitra And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mr.Kasturi Rangan 2.Kannan
...Petitioners
vs.
1.Mrs.Chitra 2.Ms.Abinaya 3.Minor Aniruddh Son of Ramjee Kasturirangan Aged about 13 years, Rep. By his mother and natural guardian Mrs.Chitra, No.62, Deep Street, Vadiveeswaram, Nagercoil - 629 002.
Respondents 1 to 3 presently at:
13960, Ashlake Lane, Fishers, In - 6038 United States of America.
...Respondents
PRAYER: Original Petition filed for grant of Letters of Administration under Section 232 and 276 of the Indian Succession Act, 1925 read with Order XXV Rule 5 of the Original Side Rules, prayed before that this Hon'ble Court may be pleased to grant;
a. The Letters of Administration with the will annexed to petitioner as husband and son and as the legatees under the will dated 23.11.2018 of the 1/6
said deceased Mrs.Chellam Kasthuri, having effect limited to the State of Tamil Nadu.
b. And to pass such or further or other such necessary orders as this Hon'ble Court may be deem fit and proper in the circumstances of the case and thus render justice.
For Petitioners : Mr.K.Kumaraguru For Respondents : No appearance
ORDER
This Original Petition has been filed for issuance of the Letters of Administration in respect of the Will dated 23.11.2018 executed by late.Mrs.Chellam Kasthuri, who died on 03.02.2019. The petitioners are the husband and the son of the testatrix, they are also the only surviving legal heirs of the testatrix. The respondents R1 to R3 are the surviving legal heirs of Late.Mr.Ramjee Kasturirangan the predeceased son of the testatrix. The petitioners are the only beneficiaries under the said will. The petitioners seek issuance of Letters of Administration in respect of the properties situated within the jurisdiction of this court.
2. The first petitioner has examined himself as PW1. He has produced the computer generated death certificates of the Testatrix and her pre deceased son Late.Mr.Ramjee Kasturirangan as Ex.P9 and Ex.P1. The certified copy of the registered will and testament dated 23.11.2018 as Ex.P8. 2/6
On perusal of legal heir certificates of the testatrix and her predeceased son Late.Mr.Ramjee Kasturirangan which are respectively marked as Ex.P10 and Ex.P2, clearly proves that the testatrix had a husband and two sons, one of her sons Late.Mr.Ramjee Kasturirangan predeceased her leaving behind the respondents as his surviving legal heirs. The perusal of the Ex.P8 proves that the petitioners are the only beneficiaries under the will dated 23.11.2018.
3. Mrs.Chitra and Mrs.N.Chitra, the first and second attesting witness to the said Will were examined as PW2 and PW3 respectively. They have spoken about the execution of the Will by the testatrix and its attestation by them.
4. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the relief.
5. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioners, in respect of the Will dated 23.11.2018 of the testatrix late.Mrs.Chellam Kasthuri. The petitioners are directed to execute a security bond for a sum of 3/6
Rs.25,000/- (Rupees Twenty Five Thousand Only) in the name of the Assistant Registrar (Original Side) of this Court. The petitioners are 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.Kasturi Rangan P.W.2 - Mrs.Chitra P.W.3 - Mrs.N.Chitra Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Computer generated copy of the death certificate of deceased Mr.Ramjee Kasturirangan issued on 02.02.2016. Ex.P2 Photocopy of the legal heir certificate of deceased Mr.Ramjee Kasturi rangan dated 30.05.2016.
Ex.P3 Photocopy of the succession certificate issued by this Hon'ble Court in favour of Mrs.Chellam Kasturi dated 08.01.2018.
Ex.P4 Photocopy of the share transfer letter issued by M/s.Preludesys India Ltd., dated 25.01.2018. (Original is produced, compared and returned to the petitioner's counsel) Ex.P5 Photocopy of the share certificate for share No.9900 issued by the M/s.Preludesys India Ltd., in favour of Mrs.Chellam Kasthuri dated 26.04.2018.
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Ex.P6 Photocopy of the share certificate for share Nos.1,20,000 issued by the M/s.Preludesys India Ltd., in favour of Mrs.Chellam Kasthuri dated 26.04.2018.
Ex.P7 Photocopy of the share certificate for share Nos.3,16,833 issued by the M/s.Preludesys India Ltd., in favour of Mrs.Chellam Kasthuri dated 26.04.2018.
Ex.P8 Original Will executed by Deceased Mrs.Chellam Kasthuri in favour of the petitioners dated 23.11.2018. Ex.P9 Computer generated copy of the death certificate of deceased Mrs.Chellam Kasthuri issued on 20.02.2019. Ex.P10 Computer generated copy of the legal heir certificate of deceased Mrs.Chellam Kasthuri dated 27.03.2019. 5/6
K.KUMARESH BABU, J.
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