R.Karthik Narayanan v. Sowmya Venkataraman

O.P.No. 415 of 2019 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 Will annexed relating to the Will executed by the father of the petitioner, by name N.Ramanan, who died on 29.11.2014.

2. He had left behind as his sole surviving heirs, his wife Mrs.Prameela Ramanan, the petitioner R.Karthik Narayanan and the respondents/daughter Mrs.Sowmya Venkataraman. He had executed a Registered Will dated 27.10.2014 registered as Document No. 13 o f 2014 in the office of the Sub Registrar, Sowcarpet. The mother Mrs. Prameela Ramanan died on 16.08.2018.

3. The respondent Mrs. Sowmya Venkataraman has filed an affidavit indicating that she has no objection for grant of Letters of Administration in favour of the petitioner herein. Additionally she had also appeared through video conference and a noting is available in the Court records that on 08.03.2021 she had expressed no objection for grant of Letters of Administration.

4. The parties were then invited to adduce evidence. The petitioner examined himself as PW-1 and during his examination, he identified and marked Ex.P-1 Will dated 27.10.2014 executed by N.Ramanan, Ex.P-3 the death certificate of N.Ramanan and Ex.P-5 the legal heirship certificate of N.Ramanan. The petitioner had also examined V.Maharajan as PW-2 as one of the attesting witnesses. He was shown as Ex.P-1 and he identified the same and affirmed that he had signed in Ex.P-1 as the attestor. He also stated that at the time of execution of the Will, N.Ramanan was in sound disposing state of mind, memory and understanding.

5. I would deem that this sufficient compliance of Section 68 of the Indian Evidence Act 1872. It must also be mentioned that N.Ramanan in his Will had bequeathed the property mentioned in the schedule to the petition to his wife and she died on 16.08.2018 leaving behind a Will dated 25.10.2016. A copy of that Will was marked as Ex.P-2. Seeking probate of the said Will, the petitioner had filed O.P.No. 572 of 2019.

6. In view of the fact that as stated, 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.

13.09.2022 (1⁄2) Index:Yes/No Internet :Yes/No vsg C.V.KARTHIKEYAN, J.

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O.P.No. 415 of 2019 13.09.2022 (1⁄2)