Allowed

L.Logeshwari v. Velu and 13 others

Madras HC11 Dec 2024A/4611/2024

Case brief

AI extract

What is this about?

In Letters of Administration proceedings over the registered Will of Kuppammal, her granddaughter sought impleadment claiming to be a legal heir of one of the three sons given life interest under the Will. The court found her birth certificate and voter ID sufficient prima facie proof and allowed her impleadment.

What did the court decide?

Applicant permitted to be joined as a party respondent in the Letters of Administration proceedings, subject to proof of relationship and entitlement.

L.Logeshwari Vs Velu and 13 others — Succession and Inheritance | Madras HC (2024)

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A.No.4611 of 2024 in O.P.No.115 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11-12-2024

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CORAM

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THE HONOURABLE DR JUSTICE G. JAYACHANDRAN

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A.No.4611 of 2024 in

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O.P.No.115 of 2023

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L.Logeshwari, D/o.K.Loganathan, No.20, 3^rd Street, Venkateshwarpuram, New Colony, Kannigapuram, Chennai 600 012.

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... Applicant

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/versus/

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Velu S/o.K.Loganathan, No.20, 3^rd Street, Venkateswarapuram, New Colony, Kannigapuram, Chennai - 600 012.

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K.Saminathan S/o.Krishnamoorthy @ Krishnan,

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K.Alex Pandian S/o.Krishnamoorthy @ Krishnan,

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K.Parthiban S/o.Krishnamoorthy @ Krishnan,

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S.Gomathi D/o.K.Munusamy,

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M.Saravanan alias Subramani S/o.K.Munusamy,

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

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Kutti alias Jagadeesan

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S/o.K.Munusamy

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Rekha D/o.Krishnamoorthy @ Krishnan,

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Ammulu D/o.Krishnamoorthy @ Krishnan,

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Eswari D/o.K.Munusamy

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Aryamala D/o.Krishnamoorthy @ Krishnan, Above said R2 to R11, are residing at No.35, Balakrishna Mudali Street, Vyasarpadi, Chennai - 600 039.

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L.Sakthi @ Sathyanathan S/o.K.Loganathan,

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L.Bhagavathi D/o.K.Loganathan

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L.Lakshmi D/o.K.Loganathan, Above said R12 to R14 are residing at No.20, 3^rd Street, Venkateshwarpuram New Colony, Kannigapuram, Chennai 600 012.

... Respondents

For Petitioner :

Mr.D.Ravichander.

For Respondents :

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Mr.K.Kanniappan, for R1

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O R D E R

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

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This petition is filed to implead the applicant in the proceedings initiated for grant of Letters of Administration in respect of the Will of Late. Kuppammal. According to the applicant, Kuppammal died on 06.04.1995 at Chennai. During her lifetime, she executed a Will dated 08.11.1993 and duly registered it at the SRO, Purasiawalkam. Kuppammal left behind three sons, namely Loganathan, Krishnamurthy and Munusamy. Under the Will, said Kuppammal has given the life interest to her three sons equally and thereafter, the residuary to their legal heirs.

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2. The petition for Letters of Administration is filed by one Velu,

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son of Loganathan, who died on 18.10.2007. The impleading petitioner claims that she is the daughter of Loganathan, born to his 2^nd wife/Lakshmi and therefore, she is also entitled for a share in the property left by Kuppammal, being the legal heirs of Loganathan.

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3. The Learned Counsel for the petitioner submits that under the Will, only the legal heirs of three sons are entitled to inherit the property absolutely. Whereas, the implead petitioner is not the legal heir of Loganathan, she is a third party, unconnected with the family. Therefore, the application to implead applicant as the 14^th respondent has to be dismissed.

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Dr.G.Jayachandran, J.

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bsm

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

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4. To make a prima facie case, the applicant/Logeswari has

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produced the birth certificate and the voter identity card to show that she was born to Loganathan. Whether she is entitled for a share in the property left by Kuppammal has to be decided based on the proof of the documents relied by the applicant.

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5. The documents produced are sufficient to satisfy the prima facie case for permitting her to participate in the proceedings as one of the respondents. Accordingly, this Application is allowed, subject to the proof of relationship and entitlement.

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11-12-2024

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Index :Yes/No. Internet :Yes/No. bsm

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Note: The parties are directed to carry out the necessary amendment in the petition and clean copy to be filed within 15 days.

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A.No.4611 of 2024 in O.P.No.115 of 2023

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

L.Logeshwari v. Velu and 13 others

Case brief

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L.Logeshwari v. Velu and 13 others

Case brief

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