Petitioner sought Letters of Administration under the Indian Succession Act, 1925 and Madras High Court Rules. With consent affidavits from all legal heirs, the court issued Letters of Administration and directed the execution of a security bond.
Issued Letters of Administration in favour of the petitioner and directed execution of a security bond.
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O.P.No.958 of 2015
K.KALYANASUNDARAM, J.,
This Petition has been filed under Sections 232 and 276 of the Indian Succession Act, 1925 and Order XXV Rule 5 of the Madras High Court Original Side Rules, seeking the grant of Letters of Administration.
Aranvoyal Village, Thiruvallur Taluk, Thiruvallur District, to an extent of 1725 sq.ft.
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the said Will. The deceased had bequeathed the property, as mentioned in Last will and Testament, to his wife, the petitioner/the mother of respondents herein, absolutely and in the event of her death, the entire property shall devolve upon his only son, the 3rd respondent herein. The amount of assets which is likely to come to the petitioner's hands does not exceed in the aggregate sum of Rs.7,80,000/- and the net amount of the said assets, after deducting all the items, which the petitioner is by law allowed to deduct is only to the value of Rs.7,80,000/-.
executed consent affidavits stating that they have no objection to grant Letters of Administration in favour of the petitioner as the legal heir of the deceased. The petitioner undertakes to duly administer the property and credits of the deceased N.V. Krishnan and in any way concerning his Will by paying first his debts and then the legacies therein bequeathed so far as the assets will extend and to make a full and true inventory thereof and exhibit the same to the Court within six months from the date of grant of Letters of Administration with the Will annexed to the petitioner and also to render to this Court a true and proper account of the said property and credits within one year from the said date. No application has been filed in any other Court for the probate of the Will of the said deceased or Letters of Administration with or without the Will
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annexed to his property and credits.
averments made in the petition and filed the following documents viz., Exs.P1 to P12;
Ex.P1 is the computer generated death certificate of late N.V. Krishnan, who died on 14.07.2006.
Ex.P2 is the original unregistered Will dated 24.08.2005 executed by the deceased.
Ex.P3 is the copy of the petitioner's application submitted to Tahsildar, Mylapore-Triplicane Taluk for obtaining legal heirship certificate in respect of her husband Late N.V. Krishnan.
Ex.P4 is the original encumbrance certificate dated 02.07.2015 in respect of the property mentioned in the petition for the period from 01.01.2000 to 30.06.2015.
Ex.P5 is the photocopy of the petitioner's passport bearing No. J2210946.
Ex.P6 is the affidavit of assets showing the net value of estate as Rs.7,80,000/-.
Ex.P7 is the consent affidavit given by the 1st respondent
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Mrs. Jayashree Krishnan stating that she has no objection in granting Letters of Administration, in respect of the Will Ex.P2, in petitioner's favour.
Ex.P8 is the consent affidavit given by the 2nd respondent, Mrs. Lakshmi Suresh, stating that she has no objection in granting letters of administration in respect of the Will Ex.P2, in petitioner's favour.
Ex.P9 is the consent affidavit given by the 3rd respondent, Mr. Vaidyanathan Krishnan, stating that he has no objection in granting letters of administration in respect of the Will Ex.P2, in petitioner's favour.
Ex.P10 is a copy of paper publication effected in one issue of Tamil Daily “Dhina Boomi” dated 16.11.2016.
Ex.P11 is a copy of paper publication effected in one issue of English Daily "Virtual Times" dated 24.11.2016.
Ex.P12 is the affidavit of one of the atttesting witnesses, Mrs. Radhika Balasubramaniam.
Balasubramaniam was examined as P.W.2. In her evidence, P.W.2 has stated that the testator, N.V. Krishnan is her father-in-law and that he had executed a Will on 24.08.2005 in her presence and in the presence of one Mr.V.S. Natrajan.
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At the request of the testator, she had subscribed her signature as the first attesting witness along with the said Mr.V. S. Natrajan, who attested the Will as the second attesting witness in the presence of the testator. She would further state that along with the second attesting witness, she saw the testator subscribing his signature in the Will and while executing the Will, the testator
was in a sound and disposing state of mind, memory and understanding.
materials available on record, I am satisfied that the petitioner is entitled to the issuance of Letters of Administration.
favour of the petitioner. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. 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. The petitioner is further directed to render true and correct accounts once in a year.
11.05.2017
nv
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K.KALYANASUNDARAM, J.,
nv
O.P.No.958 of 2015
11.05.2017
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1 issue framed by the court
Whether to grant Letters of Administration to the petitioner as the legal heir of the deceased.
2 provisions across 2 enactments
K.Kalynasundaram
Mrs. Jayashree Krishnan
Mrs. Lakshmi Suresh
Mr. Vaidyanathan Krishnan
K.KALYANASUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
