Allowed

Sadhvi.M and Another v. M.Gandhimathi and 3 Others

Madras HC5 Jan 2024OP/154/2023

Case brief

AI extract

What is this about?

Petition for Letters of Administration over the Will of a testatrix, supported by an attesting witness examined as P.W.2 and paper publications attracting no objection. Court held execution and attestation proved and granted Letters of Administration with a security bond and annual accounting.

What did the court decide?

Letters of Administration issued in favour of petitioners; second petitioner to execute security bond of Rs.25,000; petitioners to render accounts once a year.

Sadhvi.M and Another Vs M.Gandhimathi and 3 Others — Succession and Inheritance | Madras HC (2024)

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O.P.No.154 of 2023

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O.P. No.154 of 2023

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N.SATHISH KUMAR, J.

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This Petition has been filed under Sections 232 and 276 of the Indian Succession Act read with Order XXV Rule 5 of the Original Side Rules, seeking to grant of Letters of Administration in favour of the petitioners.

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2. This petition has been filed for grant of Letters Administration in respect of the Will of one A.Jayalakshmi executed on 19.03.2014. The petitioners are the beneficiaries under the Will. The petitioners are the grand daughters of the testatrix. The first respondent is the mother of the petitioners and the second third respondents are the daughter and son of the testatrix and the fourth respondent is the husband of the testatrix. The testatrix A.Jayalakshmi died on 30.06.2020. The respondents have no objection for grant of Letters of Administration in favour of the petitioners. The amount of assets which is likely to come to the hands of the petitioners does not exceed in the aggregate sum of Rs.30,00,000/- and the net amount

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of the said assets after deducting all the items, which the petitioners are by

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law allowed to deduct is only of the value of Rs.30,00,000/-. The petitioners hereby undertake to duly administer the specified property and credits of the deceased in any way concerning her Will by paying the debts first and then the legacies therein bequeathed so far as the assets will extend and to make full and true inventory thereof and exhibits the same in this Court within the six months from the date of the grant of a Letters of Administration with the Last Will annexed to the petition and also to render to this Court a true account of the said property within one year from the said date.

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3 . The first petitioner has been examined as P.W.1. P.W.1 in her

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evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Letters of Administration in their favour of in respect of the Last Will and Testament executed by the deceased A.Jayalakshmi on 19.03.2014. The Will executed by the deceased A.Jayalakshmi has been marked as Ex.P.1. Ex.P.2 is the computer generated death certificate of the father of the petitioners. Ex.P.3 is the

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legalheirship of the father of the petitioners and son of the testratix. Ex.P.4 is the computer generated death certificate of the deceased A.Jayalakshmi. Ex.P.4 has been filed to prove that the testatrix A.Jayalakshmi died on 30.06.2020. Ex.P.5 is the computer generated legal heir certificate of A.Jayalakshmi. Ex.P.5 has been filed to show that the the respondents 2 to 4 and the father of the petitioners are the legal heirs of the testatrix. Ex.P.9 is the affidavit of assets showing the net value of the estate as Rs.30,00,000/-. Ex.P.10 and Ex.P.11 are paper publications, but none have objected for the same.

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4 . One Thiyagaran, who is the fourth respondent and one of the attesting witness in the Will, was examined as P.W.2. In his evidence, he has stated that he has signed as the first attesting witness in the Will along with one C.Nagasamy, who has signed as second attesting witness in the Will. He has further stated in his evidence that the testatrix was in sound state of mind while executing the Will and he has also seen the testatrix signing the Will and the other attesting witness signing in the document. He has also stated that the testatrix has seen the attesting witnesses subscribing

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O.P.No.154 of 2023

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their signature in the Will. The evidence of attesting witness not only prove the execution but also attestation of the Will and there is no other materials

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to suspect the Will.

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5 . In view of the above facts, I am of the view that the petitioners

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have proved the execution and attestation of the Will. Hence, the petitioners are entitled for the issuance of Letters of Administration in their favour.

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6 . Accordingly, this petition is allowed. Issue Letters of Administration in favour of the petitioners. The petitioners are directed to duly administer the properties and credits of the deceased more fully described in the schedule. The second petitioner is 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. The petitioners are further directed to render true and correct accounts once in a year.

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O.P.No.154 of 2023

05.01.2024

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N.SATHISH KUMAR, J.

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Sadhvi.M and Another v. M.Gandhimathi and 3 Others

Case brief

What is this about?

What did the court decide?

Sadhvi.M and Another v. M.Gandhimathi and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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