R.Sudhakarbabu v. No Respondent

O.P.No.172 of 2020 C.V.KARTHIKEYAN,J.

This petition has been filed taking advantage of Sections 232 and 276 of Indian Succession Act, 1925 seeking Letters of Administration with will annexed of the deceased, T.Padmavathy.

2.In the petition it had been stated that T.Padmavathy who was the mother's sister of the petitioner died on 24.09.2017. She died as a spinster. The maternal grandfather and maternal grandmother of the petitioner / parents of T.Padmavathy died earlier and the death certificates relating to the same had been produced as documents and marked as Exs.P1 and P3. 3.The learned Master who recorded the evidence had put up the admissibility of Ex.P1, but since it is a fact admitted that the father of T.Padmavathy / maternal grandfather of the petitioner had died, I would take that particular document on record.

4.T.Padmavathy had two sisters and they had both died. One of them was Vasantha and her death certificate had been produced as Ex.P2 and the death https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN,J.

Smv certificate of her husband was marked as Ex.P4. The other sister had also died and her death certificate was marked as Ex.P5. The document relating to the property, for which Letters of Administration were sought were marked as Exs.P6 and P7. Ex.P9 is the will dated 11.12.2009 executed by T.Padmavathy.

5.To prove the said will under Section 68 of the Indian Evidence Act, 1872 one of the attestor will necessarily have to be examined. Accordingly, F.Rahman Sheriff was examined as PW-2 who identified Ex.P9 and stated that he had signed the will as a witness. He also stated the name of the other attesting witness.

6.In view of these facts and that the evidence stands uncontroverted, this original petition stands allowed. Letters of Administration with will annexed is granted. Bond to be executed. The petitioner is directed to execute a bond of Rs.25,000/- as required.

19.09.2022 smv O.P.No.172 of 2020 https://www.mhc.tn.gov.in/judis