This court decreed a testamentary suit filed for letters of administration of a joint will executed by deceased V.V. Kuruvilla and Santhamma Kuruvilla. The court held the will proved and granted the administration in favor of the plaintiff.
Letters of Administration in respect of the Will granted in favor of the plaintiff; security bond of Rs. 15,000 executed.
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T.O.S.35 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2021
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE T.O.S.35 of 2019 in
(O.P.No.143 of 2019)
Suja Mathew
… Petitioner / Plaintiff
Vs.
Biji Kuruvilla … Caveator / Defendant
Petition is filed under Sections 232 & 276 of the Indian Succession Act.XXXIX of 1925 for grant of Letters of Administration. Against this petition, a Caveat and objection affidavit was filed on 16th day of August, 2018 in O.P.No.143 of 2019 the Original Petition has to be converted into Testamentary Original Suit.
J U D G M E N T
The present suit is laid for obtaining letters of Administration of Joint Will
executed by a certain V.V.Kuruvilla and his wife Santhamma Kuruvilla.
T.O.S.35 of 2019
2.The said V.V.Kuruvilla and Santhamma Kuruvilla executed a registered Will dated 27.03.2001. The couple had three children and they are here arrayed as plaintiff and the two defendants.
3.V.V.Kuruvilla died on 01.08.2006 and Santhamma Kuruvilla died on
18.05.2014, on their death, the Will came to effect.
4.There are three items of properties and the testators have bequeathed item No.1 to the 2nd defendant and the plaintiff. Item No.2 to the 2nd defendant and his daughter and Item No.3 exclusively to the 1st defendant and his daughter.
5.For obtaining the Letters of Administration, the plaintiff laid a petition in O.P.No.143 of 2019. The 1st defendant entered Caveat consequent to which it was converted into a suit. The 1st defendant has also filed his written statement.
5.Issues were framed and the matter was posted for trial before the learned Additional Master No.II. Before the learned Master, the Caveator / the 1st
defendant did not choose to contest and consequently he was set as exparte.
T.O.S.35 of 2019
6.The propounder of the Will, the plaintiff examined himself as P.W.1 and two attestors whereabouts could not be traced and hence P.W.2 was examined and identified the signatures of the testator and witnessed in terms of 69 of the Evidence Act. Ex.P1 to Ex.P10 were marked on the side of the plaintiff, of which, Ex.P1 dated 27.03.2001 is the Will.
7.This Court perused the evidence and holds that the execution of the Will dated 27.03.2001 stands proved in the manner known to law, the Testamentary Original Suit stands decreed as prayed for. The Letters of Administration is granted in respect of the Will in favour of the plaintiff. The plaintiff shall execute a security bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) in favour of the Assistant Registrar (O.S.II), High Court, Madras within a period of three (3) months as required under law. No costs.
23.11.2021
kas
Index : No Internet : Yes Speaking order/ Non-speaking order
T.O.S.35 of 2019
List of the witnesses examined on the side of the plaintiff :
PW1 - Mrs.Suja Mathew
PW2 – Mr.Muthurasu
List of Exhibits marked on the side of the plaintiff :
| Exhibits | Description | Dated |
|---|---|---|
| Ex.P1 | The Will executed by the deceased V.V.Kuruvilla | 27.03.2001 |
| Ex.P2 | Death Certificate of V.V.Kuruvilla | 10.08.2006 |
| Ex.P3 | Death certificate of Santhamma Kuruvilla | 25.05.2015 |
| Ex.P4 | Legal Heir Certificate of Santhamma Kuruvilla | 24.12.2014 |
| Ex.P5 | Sale Deed- 1967 in favour of V.V.Kuruvilla | 21.01.1967 |
| Ex.P6 | Sale Deed in favour of Santhamma Kuruvilla | 22.01.1973 |
| Ex.P7 | Sale Deed in favour of V.V.Kuruvilla – 1998 | 26.10.1998 |
| Ex.P8 | Sale Deed in favour of V.V.Kuruvilla – 1998 | 21.12.1998 |
| Ex.P9 | Settlement Deed | 02.01.2018 |
| Ex.P10 | Encumbrance Certificate | 12.09.2018 |
List of the witnesses examined on the side of the defendant: Nil
List of Exhibits marked on the side of the defendant: Nil
23.11.2021
kas
T.O.S.35 of 2019
N.SESHASAYEE, J.
kas
T.O.S.No.35 of 2019
23.11.2021
2 issues framed by the court
Whether the execution of the joint will dated 27.03.2001 can be proved and the plaintiff is entitled to letters of administration.
Whether the statutory conditions for granting letters of administration are met in the absence ofattysemen.t
2 provisions across 2 enactments
Suja Mathew
Biji Kuruvilla
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
