J.Nagarani v. P.Parthasarathy

O.P.No.414 of 2019 C.V.KARTHIKEYAN, J., This petition has been filed under Order XXV Rule 5 of O.S.Rules read with Section 232 and 276 of Indian Succession Act,1925 seeking grant of Letters of Administration with the Will annexed relating to the property and to the credits of the deceased K.Babu Ammal to the petitioners as her grandchildren and beneficiaries under the Will of the deceased to have effect limited to the State of Tamilnadu.

2. Babu Ammal had died on 03.02.2017 after executing a Will on 31.08.2000. The Will had been registered. The petitioners are the beneficiaries under the Will.

3. There is a respondent shown, and notice had been directed to the said respondent but could not be served. There is a noting that service is sufficient and deemed complete.

4. The parties were then invited to adduce evidence. The fourth petitioner J.Rajakumar was examined as PW-1. Ex.P-1 is the original Will dated 31.08.2000. The death certificate of Babu Ammal was marked as Ex.P-2. Thereafter, one of the attesting witness Ramesh was examined as PW-2. He identified the signature of Babu Ammal in Ex.P-1 Will. He also stated that the other witness A.Muthuraman, was a family friend. He stated that Babu Ammal was in sound and disposing state of mind and in good health. He had also filed an affidavit in this regard and his affidavit was marked as Ex.P-10.

5. In view of the evidence produced, I am satisfied that the petitioners are entitled to the grant of Letters of Administration.

6. Hence (a) this Original Petition is ordered.

(b) the letters of administration shall be issued in favour of the petitioners in respect of the properties mentioned in the petition. (c) The petitioners are directed to duly administer the said properties of the deceased.

(d) The petitioners are 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 petitioners are further directed to render true and correct accounts once in a year.

09.09.2022 vsg

C.V.KARTHIKEYAN, J., vsg O.P.No.414 of 2019 09.09.2022