Will (3) Of G.Sushila Bai v. Dr.P.Varalakshmi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 13TH DAY OF MARCH, 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P.No.846 OF 2018 In the matter of the Indian Succession Act, XXXIX of AND In the matter of Last Will and Testament G.Sushila Bai (deceased) G.Prasanna Kumar, aged 69, S/o P.V.Govindarajan New No.2, Old No.56, Baroda Street, (Railway Border Road), Wes Mambalam, Chennai - 600 033.
..Petitioner .Vs.
1. Dr.P.Varalakshmi, aged 71, W/o S.Palaninathan No.5/44, Ganesh Avenue Extension, Sakthi Nagar, Porur, Chennai 600 116.
2. Dr.G.Anuradha, aged 67, W/o Surendrababu No.1, 6th Street, Ganesh Avenue, Sakthi Nagar, Porur, Chennai 600 116,
3. Dr.A.Shalini, aged 65, W/o B.Arumugam Plot No.5, Medavakkam Main Road, Madipakkam, Chennai 600 091.
..Respondents Original petition praying that this Hon'ble Court be pleased that lettrs of Administration with the Will annexed may be granted to him as the sonr/beneficiary/legatee under the Will fo the said deceased having effect limited to the State of Tamil Nadu.
This Original Petition coming on this day before this Court for hearing, the Court made the followings order:- The petitioners seeks issuance of letters of administration with the copy of the Will annexed in respect of the Will dated 05.08.1992 left behind by his mother G.Susila Bai, who died on 20.04.1993.
2. The petitioner is the son of the said Susila Bai and respondents are the daughters. The legal heirship certificate of the deceased Susila Bai has been filed as Ex.P4 and it reveals that the husband of the deceased, petitioner and respondents are the legal heirs. The husband of the deceased Susila Bai has also died on 27.07.1999.
3. The petitioner has been examined as P.W.1, he has produced the death certificates of Susila Bai and her husband/P.V.Govindarajan as Exs.P1 and P2. The original Will has been filed as Ex.P3. The respondents have filed the affidavits expressing their consent for grant of letters of administration in favour of the petitioner, which have been marked as Exs.P6 to P8. Paper publications have been effected in one Tamil and English daily, which have been marked as Exs.P9 and P10. The petitioner has also examined one N.Padmanaban as P.W.2, who has deposed regarding the execution of the Will by Susila Bai and its attestation by himself and P.V.Govindarajan.
4. In view of the above, I find that the petitioner has proved the execution of the Will and is entitled to letters of administration. Hence, the
original petition is allowed granting letters of administration with the Will annexed for the last Will and testament of Susila Bai dated 05.08.1992. Petitioner shall execute a bond for Rs.25,000/- Sd/.R.S.M.J.
12/03/2019 //Certified to be a true copy// Dated this the day of 2019.
GJM-3.4.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.