Allowed

P.K.Kumar and 4 Others v. P.B. Mohanraj Another

Madras HC17 Oct 2022OP/126/2022

Case brief

AI extract

What is this about?

This court allowed an Original Petition seeking Letters of Administration with Will annexed for the estate of Mr. P.B. Ramamurthy. Evidence established the validity of the will and the testamentary capacity of the deceased. The petitioner was directed to administer the estate and execute a bond.

What did the court decide?

Letters of Administration with Will annexed granted; execution of bond for Rs. 25,000 and annual accounts directed.

P.K.Kumar and 4 Others Vs P.B. Mohanraj Another — Succession and Inheritance | Madras HC (2022)

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O.P.No.126 of 2022

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O.P.No.126 of 2022

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C.V.KARTHIKEYAN,J.

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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 last Will and testament dated 25.05.2018

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executed by Mr.P.B.Ramamurthy who died on 31.03.2021.

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The petitioners and the second respondent are the beneficiaries under the Will. The first respondent is the brother of the deceased. The respondent had given consent affidavits marked as Exs.P8 & P9.

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After following due procedure, the petitioners were invited to adduce evidence. The 3rd petitioner Mrs. Anitha Viswanathan examined herself as P.W.1. The original Will dated 25.05.2018 was marked as Ex.P1. The death certificate and legal heirship certificate of Mr.P.B.Viswanathan were marked as Exs.P4 & P5 respectively.

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Mr.Rajkumar and Mr.N.Balu, who were the attesting witnesses were examined as P.W.2 & P.W.3 they affirmed the Will and also stated that the Mr.P.B.Ramamurthy, was in a sound and disposing state of mind when he executed the Will. They also identified the signatures on the Will.

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

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O.P.No.126 of 2022

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C.V.KARTHIKEYAN,J. nst

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4.In view of the evidence adduced, I hold that there is every reason to grant the relief sought in the Original Petition namely, granting Letters of Administration with Will annexed.

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5.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.126 of 2022

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

P.K.Kumar and 4 Others v. P.B. Mohanraj Another

Case brief

What is this about?

What did the court decide?

P.K.Kumar and 4 Others v. P.B. Mohanraj Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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