Petition filed for Letters of Administration regarding assets in India where probate was obtained in Malaysia. Court issued Letters of Administration in favour of the petitioner.
Petition allowed. Letters of Administration issued in favour of petitioner in respect of the Will dated 15.11.2002. Petitioner directed to execute a bond for Rs.25,000/-.
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OP No.114 of 2018
R.SUBRAMANIAN.J.,
This Original Petition has been filed for issuance of Letters of Administration in respect of the Will dated 15.11.2002 executed by late ORMMSPSVMRM. Ramanathan @ SV.M.Ramanathan Chettiar, who died on 24.11.2002. Though the petitioner has been appointed as an exectutor under the said Will, since the probate had already been obtained from the Court at Malaysia, the petitioner seeks issuance of Letters of Administration in respect of the properties situate within the jurisdiction of this Court.
2. The respondents 1 to 3 are the sons and daughters of the deceased SV.M.Ramanathan Chettiar. The respondents 4,5 and 6 are the grand children of the deceased SV.M.Ramanathan Chettiar and they are also the beneficiaries. Respondents 8 to 10 are the legal heirs of the predeceased daughter/7 th respondent herein, of the said SV.M.Ramanathan Chettiar.
3. The petitioner has been examined as P.W.1. He has produced
the death certificate of the deceased SV.M.Ramanathan Chettiar as Ex.P3. T he Original Will dated 15.11.2002 has been produced as Ex.P2.
The legal heirship c ertificate of the deceased SV.M.Ramanathan Chettiar
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has been produced as Ex.P4. The certified copy of the Probate order dated 10.04.2007 passed by the Malaysian Court has been produced as Ex.P5. The death certificate of the M.Alamelu, daughter of the deceased SV.M.Ramanathan Chettiar, as Ex.P6. The death certificate of the RM.Meenakshi Achi, wife of the deceased SV.M.Ramanathan Chettiar, has been marked Ex.P7. The consent affidavits executed by the respondents, are marked as Exs.P10 to Exs.18. Though the publication
has been made regarding the claim, no objections have been received.
4. The petitioner has also examined one Mr.M.Manickam who is
the attesting witness to the said Will as P.W.2. He has spoken about the execution of the Will by the testator and its attestation by himself and Mr.S.V.Meyyappan. I find that the petitioner has proved the execution of the Will.
5. In view of the above, this Original Petition is ordered and
issuing a Letters of Administration in favour of the petitioner in respect of the Will dated 15.11.2002 of the deceased SV.M.Ramanathan Chettiar.
The petitioner shall execute a bond for a sum of Rs.25,000/-.
05.04.2019
jv
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R.SUBRAMANIAN.J.,
jv
OP No.114 of 2018
05.04.2019
1 issue framed by the court
Whether Letters of Administration should be issued for the testate estate since probate was obtained in Malaysia.
1 provisions across 1 enactments
R.Subramanian.J.
Respondents 1 to 3
Respondents 4 to 6
Respondents 8 to 10
R.Subramanian.J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
