Petitioner sought letters of administration with the will annexed under the Indian Succession Act regarding her mother's estate supported by a valid will and attesting witness testimony leading to the grant.
Grant of Letters of Administration with the Will annexed.
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O.P.No.298 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
O.P.No.298 of 2022
V.Sasikala W/o.Vijayakuamr No.43/56, Avoor Muthaiah Maesthri Street, New Washermenpet, Chennai-600 081. ... Petitioner v.
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PRAYER : Original Petition filed under Sections 232 and 276 of Part IX of the Indian Succession Act, 1925 and Order XXV Rule 5 of O.S.Rules 1956 prays that to grant Letters of Administration with certified copy of the Will annexed please be granted to her as daughter/sole beneficiary/the legatee under the Will dated 06.10.2014 of the said deceased having effect throughout the State of Tamil Nadu.
For Petitioner : Mr.G.Govarthanan
For Respondents : Mr.R.Muthukrishnan for R1
Ms.N.Fidelia for R5 & R6
O R D E R
The petitioner seeks the grant of letters of administration with the Will annexed in respect of the last Will and testament of Mrs.S.Sakunthala.
mother. She executed her last Will and testament on 06.10.2014 in the presence of the two witnesses, whose names were set out at the foot of the Will. It is stated that the said Will was executed at Chennai. The petitioner
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further states that the testatrix died on 02.06.2015. The son of the testatrix, Mr.Subramani, is impleaded as the first respondent. The wife and children of a pre-deceased son, Mr.Ganesan, are impleaded as Respondents 2 to 4. The subsequent purchasers of the immovable asset bequeathed under the Will are arrayed as respondents 5 and 6.
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late son of the testatrix, Mr.Ganesan, his wife and children (Respondents 2
to 4). The death certificate of the late Mr.S.Ganesan is on record (Ex.P3). This document discloses that he died on 26.12.2016. The death certificate of the husband of the testatrix, the late G.Sambasivam, is on record (Ex.P5). This document discloses that he died on 19.01.2017. The consent affidavits of respondents 1, 2, 4, 5 and 6 are on record. The third respondent is said to have executed a power of attorney in favour of the second respondent and has also consented to the grant of letters of administration to the petitioner. Paper publications were also effected in one issue of the Tamil daily 'Makkal Kural' and one issue of the English daily “Trinity Mirror”.
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06.01.2023
Index : Yes
kal
Petitioners' witness:
P.W.1 – Mrs.V.Sasikala
P.W.2 – Mr.S.Subramani
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Documents exhibited by the petitioner:
| Exhibits | Documents |
|---|---|
| Ex.P1 | The certified copy of the Will dated 06.10.2014 executed by Mr.s.Sakunthala (Witness states that the original Will has been produced before the 4thAdditional District Court, Ponneri, Thiruvallur District and the same has been marked as Ex.A5 in O.S.No.13 of 2016 and the same has been averred in the petition and th proof affidavit. This document is marked subject to its admissibility, proof and relevancy. |
| Ex.P2 | The computer generated death certificate of Mrs.S.Shagunthala. |
| Ex.P3 | The computergenerated death certificate of Mr.S.Ganesan. |
| Ex.P4 | The photocopy of the Legal Heirship Certificate of Mr.Ganesan (Compared with the original). |
| Ex.P5 | The computergenerated death certificate of G.Sambasivam. |
| Ex.P6 | The computer generated Legal Heirship certificate of Mrs.S.Shagunthala. |
| Ex.P7 | The computer generated Legal Heirship certificate of Mr.G.Sambasivam. |
| Ex.P8 | The affidavit of assets showing the net value of the estate as Rs.20,00,000/-. |
| Ex.P9 | The copy of paper publication effected in one issue of Tamil daily“Makkal Kural” dated 15.10.2022. |
| Ex.P10 | The copy of paper publication effected in one issue of English daily“TrinityMirror” on 21.10.2022. |
| Ex.P11 | The consent affidavitgiven bythe 1strespondent. |
| Ex.P12 | The consent affidavitgiven bythe 2ndrespondent. |
| Ex.P13 | The consent affidavitgiven bythe 4threspondent. |
| Ex.P14 | The consent affidavitgiven bythe 5threspondent. |
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| Exhibits | Documents |
|---|---|
| Ex.P15 | The consent affidavitgiven bythe 6threspondent. |
| Ex.P16 | The affidavit of attestingwitness |
06.01.2023
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SENTHILKUMAR RAMAMOORTHY,J
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1 issue framed by the court
Whether the petitioner is entitled to grant of letters of administration with the will annexed in respect of the estate of the deceased.
2 provisions across 2 enactments
V.Sasikala
S.Subramani
G.Usha
G.Vasanth
G.Ishwarya
Joan Faustine
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
