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Madras High CourtOP/383/2021allowed

P.Vasuda v. B.Ramachandran And 9 Others

2022-09-29Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No. 383 of 2021 C.V.KARTHIKEYAN, J.

This Petition has been filed seeking grant of Letters of Administration with Will dated 04.02.2004 executed by Mrs.Durasani Ammal, who died on 20.07.2008. The petitioner and the first and second respondents are Class-I heirs and the third to 10th respondents are Class-II heirs. They had given their consent for grant of Letters of Administration.

2. The petitioner was examined as PW-1. The Original Will dated 04.02.2004 was marked as Ex.P-1 and the death certificate of Durasani Ammal was marked as Ex.P-2. The legal heirship certificate was marked as Ex.P-3. The death certificate of the other class-II legal heirs had been marked as Exs. P-4, P-5, P-7 and P-8. The consent affidavits given jointly by the first, fifth, seventh and 10th respondents were marked as Ex.P-12 and the consent affidavit given by the second respondent had been marked as Ex.P-13 and the consent affidavit jointly given by the third and fourth respondents had been marked as Ex.P-14 and the consent affidavit given by the eighth and sixth respondents had been marked as Exs.P-15 and P-16.

3. The petitioner also examined Mrs. Geetha Kumar as P.W.2. She is the daughter-in-law of Duraisani Ammal and also a grand https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

vsg daughter. She was one of the attesting witness. She affirmed Ex.P-1 Will. She had attested the Will along with B.Ramachandran. She stated that Duraisani Ammal was in a sound and disposing state of mind at the time of execution of the Will.

4. In view of the evidence produced, this Original Petition stands allowed as follows:- (a) the letters of administration shall be issued in favour of the petitioner in respect of the properties mentioned in the petition. (c) The petitioner is directed to duly administer the said properties of the deceased.

(d) The petitioner is also directed to execute a security 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. (e) The petitioner is further directed to render true and correct accounts once in a year.

29.09.2022 Index:Yes/No Internet :Yes/No vsg O.P.No. 383 of 2021 https://www.mhc.tn.gov.in/judis