Allowed

Bharathi @ Bharathi Devi and 9 Others v. Nil

Madras HC17 Oct 2022OP/109/2022

Case brief

AI extract

What is this about?

The High Court of Madras granted Letters of Administration with Will annexed regarding the estate of P.N.Venkata Rao. The court acknowledged the death of the 6th petitioner and directed the registration of this in the grant.

What did the court decide?

Letters of Administration with Will annexed granted; petitioner to administer property, execute bond of Rs.25,000, and render annual accounts.

Bharathi @ Bharathi Devi and 9 Others Vs Nil — Succession and Inheritance | Madras HC (2022)

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O.P.No.109 of 2022

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C.V.KARTHIKEYAN,J.

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O.P.No.109 of 2022

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This Original Petition has been filed seeking grant of Letters of Administration under Sections 232 & 276 of Indian Succession Act, 1925 with Will annexed, relating to the Will dated 28.02.2005 executed by the father of the 1st-8th petitioners and the grandfather of the 9th & 10th petitioners, P.N.Venkata Rao who died on 07.07.2009.

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After following due procedure the parties were directed to tender evidence.

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The 5th petitioner examined herself as P.W.1. The original Will dated 28.02.2005 was marked as Ex.P1 and the death certificate of P.N.Venkata Rao as Ex.P2 and the legal heirship certificate of her mother Lakshmi Kanthammal (wife of Venkata Rao) was marked as Ex.P3. The death certificates of B.Banumathi and P.R.Bhagavathy Rao were marked as Exs.P5 & P6.

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Thereafter, the petitioner also examined Mr.V.A.Suryanarayanan as P.W.2 who was one of the attesting witness. He identified the Will and identified the signatures and also stated that Jayaraj signed as the second attestor. He specifically stated that P.N.Venkata Rao was in a sound and disposing state of mind at the time of execution of the Will. His affidavit was

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https://www.mhc.tn.gov.in/judis

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O.P.No.109 of 2022

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C.V.KARTHIKEYAN,J.

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nst marked as Ex.PW1 and a memo had also been filed by the learned counsel for the petitioner that the 6th petitioner Baskar Rao had died as a bachelor on 09.08.2022. The memo is recorded.

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Registry while issuing grant of Letters of Administration, may record the death of the 6th petitioner and also state that he died as a bachelor on 09.08.2022.

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6.In view of the evidence adduced, I hold that there is every reason to

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grant the relief sought in the Original Petition namely, granting Letters of Administration with Will annexe.

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7.With the above observations, this Original Petition stands allowed. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioner is directed to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of the Assistant Registrar (O.S.II) High Court, Madras. The petitioner is further directed to render true and correct accounts once in a year.

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17.10.2022

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nst

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O.P.No.109 of 2022

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https://www.mhc.tn.gov.in/judis

Bharathi @ Bharathi Devi and 9 Others v. Nil

Case brief

What is this about?

What did the court decide?

Bharathi @ Bharathi Devi and 9 Others v. Nil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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