Dismissed

Will of E.K.Pattabirama v. P.Saraswathi Ammal

Madras HC11 Feb 2021TOS/1/2004

Case brief

AI extract

What is this about?

The High Court of Madras dismissed a testamentary suit seeking letters of administration with will annexed under the Indian Succession Act. The suit was dismissed because the plaintiff subsequently filed probate proceedings for a later will in a connected matter, rendering the initial suit deceased.

What did the court decide?

The testamentary suit TOS No.1 of 2004 is dismissed and the application A.No.6646 of 2017 is closed.

Will of E.K.Pattabirama Vs P.Saraswathi Ammal — Pension and Retirement Benefits | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(TESTAMENTARY AND INTESTATE JURISDICTION)

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THURSDAY, THE 11^th DAY OF FEBRUARY 2021

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THE HON'BLE MS. JUSTICE P.T.ASHA

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TOS.No.1 of 2004 (O.P.No.359 of 2002) and A.No.6646 of 2017

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In the matter of the Indian Succession Act. XXXIX of 1925 and In the matter of the Last Will and Testament of E.K.Pattabirama Reddiar-Deceased.

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C.Satyanarayanan (Deceased) S/o Late K.Chakrapani Reddiar, residing at No.19-A, Ranga Bashyam Chetty Street, Saidapet (West), Madras – 15.

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***2. Syamalavalli *3.S.Nirmala *4.Sangeetha 5.Sujatha 6.Minor Indra natural guardian mother

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*** Plaintiffs 2 to 6 brought on record as LR of deceased 1**^st Plaintiff as per order dated 13/7/09 in Appln.No.1335/04 in TOS 1/04

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... Petitioner/Plaintiff

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-vs-

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https://hcservices.ecourts.gov.in/hcservices/ 1.P.Saraswathi Ammal, W/o M.A.Kanniah Reddiar,

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residing at No.21, Venu Reddy Street, Guindy, Chennai – 32.

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Santhana Lakshmi (Deceased), W/o Late Jagannatha Reddiar, residing at No.7, Kambar Street, Alandur, Chennai – 600 016.

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*3.J.Sriram

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*4.Padmavathy

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*5.Devatha

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**6.Kumar (Defendants 3 to 6 brought on records as LRs of deceased 2^nd defendant as per order dt 23/7/12 in Appln.No. 2063/12 in T.O.S.1/2004) ... Respondents/Defendants

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TOS.No.1 of 2004:-

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Testamentary Original Suit praying that this Hon'ble Court be pleased to that the letters of administration with the will annexed may be granted to him as the beneficiary under the will of the said deceased having effect

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throughout the state of Tamil Nadu.

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A.No.6646 of 2017:-

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C.Satyanarayanan (Deceased)

1.S.Nirmala

2.Sangeetha

3.Sujatha

4.Indra, Minor, rep. by next friend & natural guardian mother, All residing at Old No.19-A, New No.24, Rangabashyam, Chetty Street, Saidapet, Chennai – 600 015. https://hcservices.ecourts.gov.in/hcservices/ (Applicants 1-4 are the Legal Representatives of the 1^st Plaintiff brought

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on record as per order Dated 13.07.2009 made in Appln.No.1335 of 2004)

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... Applicants1-4/ Plaintiffs 3-6

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-vs-

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1.P.Saraswathi Ammal, No.21, Venu Reddy Street, Guindy, Chennai – 32.

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...1^st Respondent/ 1^st Defendant

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Santhana Lakshmi (Since Deceased), 2.J.Sriram 3.Padmavathy 4.Devatha 5.Kumar Respondents 2 to 5 residing at Flat C3, 7, 4^th Cross Street, R.A.Puram, Chennai – 600 028 (Defendants 3-6 are the L.Rs. of the 2^nd Defendant brought on record as per order dated 06.08.2012 made in Appln.No.2063 of 2012).

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6.Shyamalavalli, residing Old No.19-A, New No.24, Rangabashyam, Chetty Street, Saidapet, Chennai 600 015. ... 6^th Respondent/ 2^nd Plaintiff (LR of the 1^st Plaintiff brought on record as per order dated 13.07.2009 made in Application No.1335 of 2004)

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Application praying that this Hon'ble Court be pleased to permit the Applicants/Plaintiffs 3-6 to amend the Original petition/Original Plaint/

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Affidavit of assets in OP.No.359 of 2002 now T.O.S.No.1/2004 https://hcservices.ecourts.gov.in/hcservices/

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(i) by incorporating necessary amendment in para 5 of the original

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petition original/ Original Plaint by introducing after the words “the 5^th day of March, 1982” as and the subsequent will dated 22-10-1982 and also the

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subsequent family arrangement 'Kudumba Pirivinai Erpadu Ninaivu Kurup' dated 22.10.1982”.

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(ii) to amend the Affidavit of Assets in O.P.No.359 of 2002 now T.O.S.No.1/2004 by incorporating the following averments by deleting the existing schedule of Assets and by incorporating the following assets with value thereof:-

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a) House and property at Rangabhashyam Street, Saidapet, Chennai measuring 3 grounds and 594 sq.ft. Valued at Rs.2,13,87,920/-

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b) The property at Alandur, G.S.T.Road (2 Grounds 1910 sq.ft) valued at Rs.4,50,07,000/-

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c) T.Nagar Sadullah Street Vacant site measuring an extent of 2 grounds and 813 sq.ft. Valued at Rs.1,15,50,800/-

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d) Ekkattuthangal Reddy Street vacant site measuring an extent of about 2 grounds valued at Rs.1,17,61,984/-

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e) Land measuring an extent of 2050 sq.ft. At Ekkattuthangal valued at Rs.43,95,200/-.

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f) Six feet well in 45 sq.ft. at Ekkatuthangal valued at

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Rs.20,000/-.

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

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g) Jaffarkhanpet vacant land with a house measuring an extent

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of 1.25 acres valued at Rs.16,41,66,750/-

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h) Alandur Vembuliamman Koil Street vacant site measuring

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an extent of 2 ground 250 sq.ft valued at Rs.49,74,750/-

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i) Saidapet New Colony vacant land measuring an extent of 1 ground 18 sq.ft. Valued at Rs.64,80,240/-

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j) House and Land at Saidapet New Colony measuring an extent of 3 grounds valued at Rs.1,92,96,000/-

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Total Value of the Estate ..Rs.29,89,90,644/-

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Letters of Administration with will annexed after exclusion of such items mentioned in Annexure “B” ..Rs.29,89,89,644/-

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Net Value of Estate ..Rs.29,89,89,644/-

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iii) Para 7 of the Affidavit of Asset to be changed as

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Rs.29,89,90,644/- and Rs.29,89,89,644/- respectively instead of Rs.3,64,500/-

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This Testamentary Original Suit alongwith the application coming on this day before this court for hearing in the presence of Mr.R.Thiagarajan, Advocate for the petitioners 3 to 6 in T.O.S.No.1 of 2004 and for the applicants in A.No.6646 of 2017 and Mr.P.J.Rishikesh, Advocate for the 1^st defendant in T.O.S.No.1 of 2004 and for the 1^st respondent in A.No.6646 https://hcservices.ecourts.gov.in/hcservices/ of 2017 and Mr.C.Jagadish, Advocate for the defendants 3 to 6 in T.O.S.

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No.1 of 2004 and for the respondents 2 to 5 in A.No.6646 of 2017 and upon

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reading the petition filed in T.O.S.No.1 of 2004 and the judge's summons

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and the affidavit of Nirmala filed in A.No.6646 of 2017 and this court

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having observed that the plaintiffs in T.O.S.No.1 of 2004 have now a filed probate proceedings in respect of a subsequent will dated 22.10.1982 in

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O.P.D.No.63667 of 2020 filed on 23.09.2020, they have also taken out an

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application in A.No.7191 of 2019 in the connected suit in C.S.No.252 of 1996 for raising an additional written statement regarding the above, wherein they have made claim on the basis of the later Will, considering the fact that the subsequent Will has now been put forward by the plaintiff in T.O.S.No.1 of 2004, nothing services for consideration in the Testamentary

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Suit, it is ordered as follows:-

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That the suit in T.O.S.No.1 of 2004, be and is hereby dismissed.

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That the A.No.6646 of 2017, do stand closed.

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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 11^th DAY OF FEBRUARY 2021.

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Sd/-

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JOINT REGISTRAR (O.S) //Certified to be true copy//

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Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.)

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From 25th Day of September 2008 the Registry is issuing certified copies https://hcservices.ecourts.gov.in/hcservices/ of the Orders/Judgments/Decrees in this format.

30.04.2021

TOS.No.1 of 2004 (O.P.No.359 of 2002) and A.No.6646 of 2017

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ORDER

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DATED: 11.02.2021

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THE HON'BLE MS.JUSTICE

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P.T.ASHA

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FOR APPROVAL: 08.07.2021

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APPROVED ON: 13.07.2021

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

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.02.2021

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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TOS.No.1 of 2004 and

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A.No.6646 of 2017

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C. Satyanarayanan (Deceased)

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Shyamalavalli

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P. Saraswathi Ammal

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Santhana Lakshmi (Deceased)

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J. Sriram

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Padmavathy

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Devatha

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Kumar (Defendants 3 to 6 brought on record as legal representatives of deceased 2nd defendant as per order dated 23.07.2012 in A.No.2063 of 2012 in T.O.S.No.1 of 2004. Chennai- 600008. ... Defendants

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Prayer : TOS is filed under Sections 232 and 276 of the Indian Succession

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Act, XXXIX of 1925, for the grant of Letters of Administration.

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For Plaintiffs : Mr. R. Thiagarajan for P3 to P6

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For Defendants : Mr. P.J. Rishikesh for D1 https://hcservices.ecourts.gov.in/hcservices/ Mr. C. Jagadish for D3 to D6

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O R D E R

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The plaintiffs in T.O.S.No.1 of 2004 have now a filed probate proceedings in respect of a subsequent Will dated 22.10.1982 in O.P.D.No.63667 of 2020, filed on 23.09.2020. They have also taken out an application in A.No.7191 of 2019 in the connected suit in C.S.No.252 of 1996, for raising an additional written statement regarding the above, wherein they have made claim on the basis of the later Will.

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Considering the fact that the subsequent Will has now been put

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forward by the plaintiff in T.O.S.No.1 of 2004, nothing survives for consideration in the Testamentary Suit. Therefore, TOS No. 1 of 2004 is dismissed. Consequently, A.No.6646 of 2017 is closed.

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Sd./-P.T.A.J. 11.02.2021

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//Certified to be true copy//

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Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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

Will of E.K.Pattabirama v. P.Saraswathi Ammal

Case brief

What is this about?

What did the court decide?

Will of E.K.Pattabirama v. P.Saraswathi Ammal

Case brief

What is this about?

What did the court decide?

What the court decided

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