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Madras High CourtOP/98/2020allowed

B.Babu v. B.Parameswari And Another

2022-09-14Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No. 98 of 2020 C.V.KARTHIKEYAN, J.

This Petition has been filed under Section 232 and 276 of the Indian Succession Act 1925, seeking grant of Letters of Administration with respect to the Last Will and Testament of Meenakshi, who died on 27.08.2012. She had executed a Will dated 16.08.2012. Since she had not appointed any executor, the petitioner as beneficiary under the Will had filed the present Petition.

2. Notice had been directed to the first and second respondents, who had entered appearance through counsel and had filed consent affidavit.

3. Parties were invited to adduce evidence and the petitioner B.Babu was examined himself as PW-1. Ex.P-6 is the original unregistered Will dated 16.08.2012 executed by Mrs.Meenakshi, Ex.P-7 is the death certificate of Meenakshi Ammal. To affirm to the execution of the Will, PW-2 Santhi was examined and she identified the Will and she stated that at the time of execution of the Will, Meenakshi was in a sound disposing state of mind. She stated that she had signed as a second attestor of the Will and that she affixed https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

vsg thumb impression in her presence. Her affidavit was marked as Ex.P-12. The respondents had also filed consent affidavits and the second respondent was examined as RW-1. The consent affidavits were marked as Exs. R-1 and R-2.

4. In view of the evidence adduced, 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.

14.09.2022 Index:Yes/No Internet :Yes/No vsg O.P.No. 98 of 2020 https://www.mhc.tn.gov.in/judis