Allowed

Will (11) of v. Mr.K.Santhanam

Madras HC17 Jul 2019OP/825/2018

Case brief

AI extract

What is this about?

Petitioners sought letters of administration with the Will annexed for the estate of N. Kanagasabapathy. After proving the Will and obtaining respondent consents, the Court granted letters of administration to the petitioners and directed them to execute a bond of Rs. 10,000 each.

What did the court decide?

Letters of administration with the copy of the Will annexed granted in favor of petitioners; directed to execute a bond for Rs. 10,000 each.

Will (11) of Vs Mr.K.Santhanam — Succession and Inheritance | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(TESTAMENTARY AND INTESTATE JURISDICTION)

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WEDNESDAY, THE 17TH DAY OF JULY 2019

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THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

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O.P.No.825 of 2018

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In the matter of Indian Succession Act, XXXIX of 1925 and In the matter of Last Will an Testament of Mr.N.Kanagasabapathy (Deceased) 1. Mrs.H.Pusjpa, W/o.Late Hari Kumar, 2. H.Karthick, S/o.Late.Hari Kumar 3. H.Mythili, D/o.Late.Hari Kumar Petitioners 1to 3 are residing at No.37/64, Annanedum Pathai, Kalaimagal Street, Choolaimedu, Chennai-600 094.

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Mrs.Kanniyammal W/o.Late N.Kanagasabapathy, Plot No.29, Municipal Door No.1/54, Flat No.F2, Bajanai Koil Street, Choolaimedu, Chennai-600 094. ..Petitioners -Vs1. Mr.K.Santhanam S/o.Late N.Kanagasabapathy, New No.145/3, Old No.39/3, Bharatheeswarar Colony, 1^st Street , Kodambakkam, Chennai-600 024.

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Mr.K.Sampath, S/o.Late N.Kanagasabapathy, New No.145/2, Old No.39/2, Bharatheeswarar Colony, 1^st Street, Kodambakkam, Chennai-600 024.

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Mr.Dhanapal

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S/o.Arumugam, https://hcservices.ecourts.gov.in/hcservices/ No.120/4, Chinna Street, Thimmavaram, Chengalpattu.

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Mr.D.Jayaprakash S/o.Mr.Dhanapal, No.145/4, Chinna Street, Thimmavaram, Chengalpattu.

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Mr.D.Kothandan S/o.Mr.Dhanapal, No.120/4, Chinna Street, Thimmavaram, Chengalpattu.

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Mr.D.Kanagaraj, S/o.Mr.Dhanapal, No.145/4, Chinna Street, Thimmavaram, Chengalpattu.

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Mrs.M.Kalavathy, W/o.Late Munusamy,

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Plot No.29, Municipal Door No.1/54, Flat No.F3, Bajanai Koil Street, Choolaimedu, Chennai-600 094. ..Respondents

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Original Petition praying that this Hon'ble Court be

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pleased to grant letters of Administration with the WILL annexed to the petitioner being the legal heirs of the deceased K.Hari Kumar and the beneficiary of the said deceased N.Kanagasabapathy having effect throughout the state of Tamilnadu.

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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 petitioners seek issuance of letters of administration with the copy of the Will annexed for the Will dated 21.03.2007 executed by late N.Kanagasabapathy.

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The petitioners are the wife and other legatees of Kanagasabapathy. The respondents are the other legal heirs of the deceased N.Kanagasabapathy. The first petitioner https://hcservices.ecourts.gov.in/hcservices/ has examined herself as P.W.1, she has produced the original registered Will as Ex.P1. The death certificate

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and the legal heirship of N.Kanagasabapathy have been produced as Exs.P2 and P3 respectively. The death certificate and the legal heirship certificate of K.Harikumar, one of the sons of Kanagasabapathy have been marked as Exs.P6 and P7 respectively. Exs.P8 and P9 are the death certificate and legal heirship certificate of Mrs.D.Devika, daughter of Kanagasabapathy. Ex.P10 (series 10 Nos) are the consent affidavits given by the respondents expressing their consent for grant of letters of administration to the Will. The petitioners have also examined one K.Sampath, one of the sons of the testator as P.W.2. He has spoken about the execution of the Will by the testator and its attestation by himself and his another brother K.Santhanam.

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In view of the said evidence, I find that the petitioners have proved the Will and are entitled to letters of administration with the copy of the Will annexed. In fine, this original petition is allowed granting letters of administration with the copy of the Will annexed in favour of the petitioners. Petitioners shall execute a bond for Rs.10,000/- each.

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

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SU/31/07/2019 COURT OFFICER

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

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

Will (11) of v. Mr.K.Santhanam

Case brief

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Will (11) of v. Mr.K.Santhanam

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