Allowed

P.Chandrasekar Rao v. B.v.Balasubramaniam

Madras HC17 Apr 2021TOS/3/2016

Case brief

AI extract

What is this about?

The Court granted letters of administration with will annexed to the plaintiff regarding his father's estate. Despite defendants challenging the will's genuineness and filing delay, the Court held limitation does not apply and confirmed registration creates a presumption of genuineness rebuttable only by evidence.

What did the court decide?

Testamentary Original Suit decreed; grant of letters of administration with will annexed to the plaintiff; execution of bond for Rs. 25,000/-. No order as to costs.

P.Chandrasekar Rao Vs B.v.Balasubramaniam — Succession and Inheritance | Madras HC (2021)

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TOS No.3 of 2016

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Reserved on Delivered on 09.04.2021 17.04.2021

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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T.O.S.No.3 of 2016
P.Chandrasekar Rao ..Petitioner/Plaintiff
vs.
1. B.V.Balasubramaniam
2. Pramila Sekhar
3. Malini Ganesh
4. B.Rajkumar ... Respondents/Defendants

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Prayer : Plaint 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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1/15

*S.No.*	*Exhibits*	*Description of documents*
1	Ex.P1	Late P.Vasudeva Rao's Death Certificate dated 09/02/2015 [reg.no.COC/97/HQ/097/000132/0 issued byCorporation of Chennai];
2	Ex.P2	Late P.Vasudeva Rao's Last Will & Testament dated 24/08/1977 (registered as Doc.No.137 of 1977 on the file of Sub-Registrar, Madras – North);
3	Ex.P3	Consent Affidavit of Testator's Wife, late P.Leelavathi' dated 24.09.1995;
4	Ex.P4	Copy of letter dated 04/05/1978 from P.Vimala to the Corporation of Chennai;
5	Ex.P5	Late P.Leelavathi's death certificate issued by the Corporation of Chennai dated 08/06/2012;
6	Ex.P6	Late P.Leelavathi's Legal Heirship Ceritificate dated 13/11/2013 issued by the Tahsildar, Mylapore- Triplicane;
7	Ex.P7	Mortgage Deed Receipt dated 24.08.1974 containing the signature of late P.Krishna Rao (attestor of the Will);
8	Ex.P8	Sale deed dated 16/06/1965 that contains the signature of late P.Vasudeva Roa (Testator) and late P.Krishna Rao (Attestor) – Originals were compared for Ex.Nos.7 & 8;

*S.No.*	*Exhibits*	*Description of documents*
9	Ex.P9	Advertisement effected in the Newspaper;
10	Ex.P10	Affidavit of Assets;
11	Ex.P11	PW2 identification of the signature at the foot of Pg.3 of Ex-P2 Will of his father, P.Krishna Rao (One of the Attestors to Ex.P-2 Will);
12	Ex.P12	PW2 identification of the signature on the reverse of Pg.1 of Ex.P2 as that of his father, P.Krishna Rao (One of the Attestors to Ex.P-2 Will);
13	Ex.P13	P.W.2 identified Ex.P-7 (Mortgage Deed) and the signature on the reverse of Pg.1 of Ex.P7 as that of father, P.Krishna Roa (One of the Attestors to Ex.P-2 Will)
List of	the Witne 1 D.W. 2 D.W.	sses examined on the side of the Defendants: 1 B.V.Balasubramaniam (1^stdefendant) 2 B.Rajkumar (4^thdefendant)

_S.No. _	*Exhibits*	*Description of documents*	*Date*
1	Ex.D1	Letter from Plaintiff to 1^stdefendant.	02-10-1969
2	Ex.D2	Letter from Plaintiff to 1^stdefendant.	27-08-2001
3	Ex.D3	Letter from Plaintiff to 1^stdefendant.	17-06-2001
	Ex.D1(a) series	Letters from Leelavathi to Vimala (wife of 1^stdefendant).

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