The Court granted Letters of Administration with Will annexed to the petitioner, C.Ramesh Babu, as the beneficiary under the deceased's unregistered Will, after proving the Will via an attesting witness and clearing the respondent ex-parte.
Grant of Letters of Administration with Will annexed to the petitioner; direction to inventory assets and submit accounts.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION)
THURSDAY, THE 03RD DAY OF MARCH 2022
THE HON'BLE MR. JUSTICE P.VELMURUGAN
O.P.No.978 of 2019
In the matter of Indian Succession Act XXXIX of 1925 and In the matter of the Last Will and Testament of C.Radhapathy deceased.
C.Ramesh Babu, S/o.Late C.Radhapathy, residing at D.No.947, Poonamallee High Road, Chennai-600 084 ..Petitioner
-Vs-
Tmt.D.Mahalakshmi, W/o.D.Suresh Babu, residing at No.18-1-17, Tirumala by pass Road, Tirupathi-517 507 ..Respondent
Original Petition praying that this Hon'ble Court be pleased to grant Letters of Administration with Will annexed to the properties and credits of deceased C.Radhapathy to the petitioner as son, the beneficiary under the Will dated 9.3.2015 of the said deceased to have effect throughout the https://hcservices.ecourts.gov.in/hcservices/ Union of India.
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Original Petition coming on this day before this court for hearing the court made the following order:
This Original Petition has been filed seeking for Letters of Administration with the Will annexed .
2.The petitioner is the son and the respondent is the daughter of the deceased C.Radhapathy who died on 08.11.2017 leaving behind the petitioner and the respondent as his legal heirs. The deceased C.Radhapathy executed an unregistered Will dated 09.03.2015, under which, the petitioner is the beneficiary and no executor had been appointed. Therefore, the petitioner has filed the petition for letters of administrations in order to substantiate his claim.
appearance nor filed caveat and hence, she is set ex-parte.
filed in support of this petition. The following documents were marked as https://hcservices.ecourts.gov.in/hcservices/ Exhibits:
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| Exhibits | Nature of the documents |
|---|---|
| P1 | Original unregistered Will and Testament dated 09.03.2015 executed by Mr.C.Radhapathy, which has been attested bytwo attestors |
| P2 | The computer generated death certificate of C.Radha Pathy, who died on 08.11.2017 |
| P3 | The computer generated Legal Heirship certificate dated 29.06.2018 in respect of Mr.C.Radha Pathy |
| P4 | The computer generated death certificate of Mrs.C.Nirmala Devi, who died on 12.05.2019 |
| P5 | The photocopy of the Sale Deed dated 03.07.1989 executed in favour of C.Radhapathy |
| P6 | The photocopy of the Sale Deed in Telugu dated 11.03.1987 executed in favour of C.Radhapathy alongwith English translation of Sale Deed |
| P7 | The affidavit of assets showing the net value of the estate as Rs.4,40,000/- |
| P8 | The copy of paper publication effected in one issue of Tamil daily“Dina Malar” dated 21.02.2020 |
| P9 | The copy of paper publication effected in one issue of English daily “The New Indian Express” dated 28.12.2020 |
Therefore, one of the attesting witnesses namely S.Chandrasekar was examined as PW.2 and he has stated that he was well acquainted with the deceased C.Radhapathy as his family friend and he subscribed his signature
as the first attesting witness along with one K.Vijayasrinivasulu who
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affixing his left thumb impression on all the pages of the Ex.P1/Will and he
was in a sound and disposing state of mind, memory and understanding at
the time of execution of Ex.P1/Will. Therefore, the petitioner has proved the Will.
the petitioner in O.P.No.978 of 2019. Accordingly, this petition is ordered.
the petitioner having effect limited to the Union of India, he being the beneficiary/legatee under the Will of the deceased. As undertaken by the petitioner, the petitioner is directed to duly administer the properties and
credits of the deceased in any way concerning his Will by paying first his https://hcservices.ecourts.gov.in/hcservices/
debts and then the legacies therein bequeathed, so far as the assets will
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extend and to make a full and true inventory thereof and exhibit the same in
this Court within six months from the date of the grant of Letters of Administration with the Will annexed to the petition. The petitioner is also directed to execute a security 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. As undertaken by the petitioner, the petitioner is directed to render this Court a true and correct accounts within one year from the date of grant of Letters of Administration.
Sd/.P.V.J. 03.03.2022
//Certified to be a true copy//
Dated at Madras this the day of 2022.
SU./16.03.2022 COURT OFFICER(O.S.)
From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
2 issues framed by the court
Whether the petitioner is entitled to Letters of Administration with Will annexed.
Whether the unregistered Will dated 09.03.2015 was proved by examining an attesting witness.
1 provisions across 1 enactments
C.Ramesh Babu
Tmt.D.Mahalakshmi
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
