R.Sridhar v. Srinivasan Kavanur Kidambi And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU R.Sridhar ... Petitioner Vs 1.Srinivasan Kavanur Kidambi 2.Mukundan Kavanur Kidambi 3.Madhavan Kavanur Kidambi ... Respondents PRAYER: Original Petition filed for Letters of Administration under Sections 232 and 276 of Indian Succession Act 1925, ACT XXXIX of 1925 and Order XXV Rule 5 of the Madras High Court Original Side Rules, 1956 for grant of Letters of Administration with the Will annexed may be granted to R.Sridhar, the petitioner herein as son/one of the legatee under the Will executed by the deceased having effect limited to the State of Tamil Nadu. For Petitioner : Mr.R.Kumar For Respondents : No appearance.

ORDER

This Original Petition has been filed for issuance of the Letters of Administration in respect of the Will dated 25.06.1992 executed by late.Dr.S.R.Ranganathan, who died on 19.07.2005. The petitioner is the son 1/6

of the testator and respondents are the husband and children of the deceased daughter of the testator. The petitioner and respondents are the only surviving legal heirs of the testator. The petitioner and respondents are the only beneficiaries under the said will. The respondents inspite of service of notice have remained absent and kept themselves away from this proceedings. The petitioner seeks issuance of Letters of Administration in respect of the properties situated within the jurisdiction of this court.

2. The petitioner has examined himself as PW1. He has produced the death certificates of the Testator and testator's wife late. Janaki Ranganathan and daughter late.Sheila Srinivasan as Ex.P1, Ex.P4 and Ex.P3. The Original unregistered will and testament dated 25.06.1992 as Ex.P5. The legal heir certificate of the testator as Ex.P2. On perusal of the Ex.P2, it clearly exhibits that the testator had a wife and two children and among the two, the daughter who was dead. A paper publication has been made and marked as Ex.P8 and Ex.P9, wherein the legal heirs of the deceased daughter, who are the husband and children were shown as respondents and no objections have been received from any person. The petitioner and respondents are the only surviving legal heirs of the Testator late.Dr.S.R.Ranganathan.

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3. The petitioner has examined Mrs.Geetha Sridharan, who is the second attesting witness to the said Will as PW2. She has spoken about the execution of the Will by the testator and its attestation by her and has marked her affidavit as Ex.P11.

4. 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 25.06.1992 of the testator late.Dr.S.R.Ranganathan. 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 Speaking: Yes/ No Petitioner's witness:

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P.W.1 -Mr.R.Sridhar P.W.2 - Mrs.Geetha Sridharan 4/6

Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Photocopy of the death certificate of Dr.S.R.Ranganathan Ex.P2 Photocopy of the legal heir ship certificate of Dr.S.R.Ranganathan Ex.P3 Photocopy of the death certificate of Mrs.Sheila Srinivasan Ex.P4 Computer generated death certificate of Mrs.Janaki Ranganathan Ex.P5 Original unregistered Will and Testament dated 25.06.1992 executed by Dr.S.R.Ranganathan Ex.P6 Photocopy of the sale deed dated 24.06.1974 executed in favour of Dr.S.r.Ranganathan Ex.P7 Affidavit of assets showing the net value of the estate as Rs.40,00,000/- Ex.P8 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 16.11.2024 Ex.P9 Copy of the paper publication effected in one issue of English Daily "Trinity Mirror" dated 23.11.2024 Ex.P10 Affidavit under Section 65B of the Indian Evidence Act, 1872 Ex.P11 Affidavit of PW2 Ex.P12 Photocopy of Aadhaar card of PW2 5/6

K. KUMARESH BABU, J.

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