Will (7) Of Mrs.Muniammal v. P.Vijaya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) SATURDAY, THE 24TH DAY OF APRIL 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P.No.850 of 2018 In the matter of Indian Succession Act,1925 and In the matter of Last Will and Testament of Mrs.Muniammal (Deceased) 1.Mr.P.SINDAN, S/o.Palani, No.1/138, Bajanai Kovil Street, Angaru Colony, Angadu, Tiruvallur Dist.600067.

..Petitioner -VS1. P.VIJAYA, W/o.Palani, No.1/138, Bajanai Kovil Street, Angaru Colony, Angadu, Tiruvallur Dist: 600067.

2. M.PALANI, S/o.Munusamy No.1/138, Bajanai Kovil Street, Angaru Colony, Angadu, Tiruvallur Dist: 600067.

..Respondents Original Petition praying that this Hon'ble Court be pleased that the Letters of administration with the Will annexed may be granted to him as the grandson/beneficiary under the Will of the said deceased having effect throughout the state of Tamilnadu.

Original Petition coming on this day before this court for hearing the court made the following order: The petitioner seeks issuance of letters of administration with the copy of the Will annexed in respect of the Will dated 22.12.2006 left behind by M.Muniammal, who died on 26.11.2015.

2. The petitioner claims as a sole legatee under the Will. The petitioner has been examined as P.W.1, he has produced the following documents:

Sl .N o.

List of Documents Marked as 1.

Registered Will dated 22.12.2006 Ex.P1 2.

Death Certificate of M.Muniammal dated 26.11.2015 Ex.P2 3.

Photocopy of the Aadhar Card of the Petitioner Ex.P3 4.

Affidavit of Assets Ex.P4 5.

Publications dated 19.02.2019 (Tamil) & 26.02.2019(English) Exs.P5 & P6

3. The petitioner has also examined one Kalisha as P.W.2, who is one of the attesting witnesses to the Will. He has spoken about the execution of the Will and its attestation by himself and one Mrs.K.Usha. The second attesting witness P.W.3 has also deposed about the execution of the Will by the testator and its attestation by herself and P.W.2. The respondents have filed their consent affidavits, which have been marked as Exs.R2 and R4.

4. In view of the above evidence, I find that the petitioner has proved the execution of the Will and he is entitled to letters of administration with the copy of the Will annexed. Hence, this original petition is allowed granting letters of administration for the Will dated 22.12.2006 in favour of the petitioner. The petitioner shall execute a bond for Rs.25,000/-.

Sd/- R.S.M.J.

27.04.2019 //Certified to be a true copy// Dated this the day of 2019.

SU/20.09.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.