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Will (3) of M.Kesavan Vs Mrs.Parijatham — Succession and Inheritance | Madras HC (2019)

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Will (3) of M.Kesavan Vs Mrs.ParijathamWill (3) of M.Kesavan v. Mrs.Parijatham

Disposed

Will (3) of M.Kesavan v. Mrs.Parijatham

Madras HC10 Jul 2019OP/153/2018

Case brief

from the order text

What is this about?

COURT OF JUDICATURE AT MADRAS (TESTAMENTARY…

What the court decided

AI extract

Outcome

A

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IN THE HIGH COURT OF JUDICATURE AT MADRAS (TESTAMENTARY AND INTESTATE JURISDICTION) WEDNESDAY, THE 10TH DAY OF JULY 2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

O.P.No.153 of 2018

In the matter of Indian Succession Act, XXXIX of 1925 and In the matter of Last WILL and Testament of M.KESAVAN – Deceased.

Mrs.S.Prema Ashok, D/o.Late M.Kesavan and W/o.Mr.Ashok, Residing at No:1226, Saw Mill Road, 4^th Cross H.A.L., 3^rd Stage, New Thippasandra, Bangalore-599 075. ..Petitioner -Vs1. Mrs.Parijatham, W/o.LAte M.Keavan, Residing at No.:Old No.1 and 2, New No.2 and 3, Rathan Nagar, Teynampet, Chennai-600 018. 2. Mrs.Nirmala, D/o.Late.M.Kesavan and W/o.Late M.Srinivasalu, Residing at: No.37, Diamond Gate Apartments, Flat B-3, Habibullah Road, T.Nagar, Chennai-600 017. 3. Mr.K.Sekhar, S/o.Mr.Kesavan, Residing at No.Old No.1 and 2, New No.2 and 3, Rathna Nagar, Teynampet, Chennai-600 018.

Mrs.Sandhya Mohan, W/o.Late K.Mohan, Residing at No:Old No.1 and 2, New No.2 and 3 Rathna Nagar, Teynampet, Chennai-600 018.

Mr.K.Suresh, https://hcservices.ecourts.gov.in/hcservices/ S/o.Late M.Kesavan, Residing at No:Old No.1 and 2,

2

New No. 2 and 3 Rathna Nagar, Teynampet, chennai-600 018.

Statutes considered

1 provisions across 1 enactments

AI extract

Indian Succession Act1925

Parties & counsel

AI extract

petitioner
Mrs. S. Prema Ashok
respondent
Mrs. Parijatham
respondent
Mrs. Nirmala
respondent
Mr. K. Sekhar
respondent
Mrs. Sandhya Mohan
respondent

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 10 Jul 2019 · July
Registered: 14 Feb 2018
Case no.: OP/153/2018

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Cite this judgement

Will (3) of M.Kesavan v. Mrs.Parijatham, OP/153/2018 (MAD), decided on 10 July 2019.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Indian Succession Act1925

View all statutes

Bench / Coram

R. Subramanian

Parties & counsel

Disposed

A compact analysis

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Mr.K.Prathap, S/o.Late M.Kesavan, Residing at No.Old No.1 and 2. New No.2 and 3 Rathna Nagar, Teynampet, Chennai-600 018. ..Respondents

Original Petition praying that this Hon'ble Court be pleased that a Letters of Administration with the Will and Testament annexed may be granted to the Petitioner herein viz., Mrs.Prema Ashok as daughter / beneficiary under the Will of the 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 following order:

The petitioner seeks issuance letters of administration

with the copy of the Will annexed in respect of the Will

dated 14.06.2010 said to have executed by Late M.Kesavan, who died on 17.06.2016.

The petitioner is the daughter and the respondents are the wife and other children of the deceased Kesavan.

The petitioner has examined herself as P.W.1. She has produced the death certificate of the deceased Kesavan as

Ex.P1. The original Will has been marked as Ex.P2 and the

photo copy of the legal heirship certificate has been

marked as Ex.P4, after comparison with the original. The consent affidavits of the respondents 1, 2 and 4 have been

marked as Exs.P5, P6 and P7. The respondents 3 and 5 have https://hcservices.ecourts.gov.in/hcservices/

remained exparte. Though the 6^th respondent had appeared

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through counsel he has not filed any caveat opposing the grant. The petitioner has also examined one Mrs.S.Nirmala, wife of Late M.Srinivasalu as P.W.2. She is an attestor to the Will. She had deposed about the execution of the Will by the testator and its attestation by herself and her mother Mrs.K.Parijatham.

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

SU/24/07/2019 COURT OFFICER

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

https://hcservices.ecourts.gov.in/hcservices/

Mr. K. Suresh

Coram

AI extract

R. Subramanian

CNR

HCMA010639162018

Topic

Succession and Inheritance

Bench

Disposal

ALLOWED

10 Jul 2019

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10 Jul 2019