Remanded

Will (4) of Kathayee Ammal v. Kesavan

Madras HC11 Jul 2017OP/219/2017

Case brief

AI extract

What is this about?

A petition seeking letters of administration with will annexed was heard. The respondent objected to the grant, citing pending proceedings. The court directed conversion of the petition into a testamentary suit for adjudication.

What did the court decide?

The petition to grant letters of administration was not granted immediately; instead, the matter was converted into a testamentary suit for trial.

Will (4) of Kathayee Ammal Vs Kesavan — Succession and Inheritance | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(TESTAMENTARY AND INTESTATE JURISDICTION)

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TUESDAY, THE 11TH DAY OF JULY 2017

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THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN

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O.P.No.219 of 2017

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In the matter of the Indian Succession Act XXXIX of 1925 And In the matter of Last will and Testament of Kathayee Ammal, deceased.

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Mrs.P.Kupammal, W/o.R.Gopalakrishnan and D/o.Late Mrs.Kathayee Ammal, No.94, Plot No.429, (Rear Portion), 7^th Cross Street, Trustpuram, Kodambakkam, Chennai-600 024. ... Petitioner

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-Vs-

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Kesavan, S/o.Mr.Mari, No.94, Plot No.429, (Front Portion) 7^th Cross street, Trustpuram, Kodambakkam, Chennai-600 024.

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...Respondent

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Original Petition praying that this Hon'ble Court be pleased to grant Letters of Administration with Will of the deceased testator dated 05.04.2006, annexed hereto to the petitioner as the daughter and heir apparent as the sole legatee under the will of the said deceased having effect limited to the State of Tamilnadu and to pass such other or further orders as this Hon'ble court may deem fit and proper in the circumstances of the case.

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This Original Petition coming on this day before this court for hearing the court made the following order:

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The respondent has contested to grant the letters of Administration with Will. It is stated that there is a last Will and testament dated 05.04.2006, executed by Mrs.Kathayee Ammal who died on 02.05.2006 in Chennai. The respondent objects to grant of the letters of Administration to the Petitioner. It is also stated that in respect of the Will, there are also two other Proceedings in TOS No.13 of 2015 and C.S. No.562 of 2011.

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Since the grant of letters of Administration of the Will is being objected, office is directed to convert O.P. No.219 of 2017 into Testamentary suit and number the same, and post the matter before this Court.

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Call again on 25.07.2017.

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//Certified to be a true copy// Dated this the day of 2017.

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EM/25.07.2017 COURT OFFICER

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

Will (4) of Kathayee Ammal v. Kesavan

Case brief

What is this about?

What did the court decide?

Will (4) of Kathayee Ammal v. Kesavan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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