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Madras High CourtOP/273/2020allowed

M.Mohanram v. M.Shanthi (Deceased)

2022-11-17Honourable Mr Justice C.V. Karthikeyan3 pages

C.V. KARTHIKEYAN , J.

The Original Petition has been filed seeking Letters of Administration with respect to the Will dated 07.12.2012, executed by S.Vasagam, who died on 16.11.2014.

2.The petitioner is the grand son of the deceased S.Vasagam. His maternal grand mother Mrs.Poosammal had died intestate on 14.11.2012. 3.The mother of the petitioner M.Shanthi was shown as a respondent in the petition. During the pendency of this petition, she unfortunately died on 15.3.2021. Thereafter, the father of the petitioner and sister of the petitioner had been impleaded as the 2nd and 3rd respondents by order dated 25.2.2022 in A.No.4239 of 2021.

4.After following due process, the petitioner was directed to tender evidence.

5.The petitioner examined himself as PW-1. The original Will dated 07.12.2012 was marked as Ex.P-2. The Death Certificate of S.Vasagam and the

Legal Heirhip Certificate of S.Vasagam were marked as Exs.P.3 and P.4. The Death Certificate of the grand mother Mrs.Poosammal was marked as Ex.P-10. The Death Certificate of the mother of the petitioner and the Legal Heirship Certificate were marked as Exs.P-6 and P-7. The consent affidavits given by the 2nd and 3rd respondents were marked as Exs.P-8 and P-9. 6.The petitioner thereafter examined G.N.Bharatram as PW-2. He was one of the attesting witness. He identified Ex.P-2 Will and stated that the testator signed in the presence of the mother of the petitioner M.Shanthi. He identify the signatures. He specifically stated that the testator was in sound and disposing state of mind at the time of execution of the Will Ex.P-2. 7.In view of the evidence produced, Letters of Administration is granted to the petitioner. The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in the name of the Assistant Registrar (Original Side), High Court of Madras.

17.11.2022 kp C.V. KARTHIKEYAN , J.

kp 17.11.2022