Allowed

P.Sampathkumar and 3 Others v. S.Devaraj and 5 Others

Madras HC11 Jan 2024OP/499/2023

Case brief

AI extract

What is this about?

The court allowed a petition for Letters of Administration regarding a will of K. Sreeramulu. After finding the will's execution and attestation proved by evidence, the court issued letters to the petitioner grandsons, directed them to execute a security bond, and ordered annual accounts.

What did the court decide?

Issued Letters of Administration in favour of the petitioners; directed to execute a security bond of Rs. 25,000/- and render annual accounts.

P.Sampathkumar and 3 Others Vs S.Devaraj and 5… — Succession and Inheritance | Madras HC (2024)

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O.P.No.499 of 2023

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O.P. No.499 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 K.Sreeramulu executed on 21.05.2003. The petitioners are the grand sons of the testator and they are beneficiaries under the Will. The first and second respondents are the sons of the testator, the third respondent is the wife of the deceased son of the testator. The respondents 4 to 6 are the grand daughters of the testator. The testator K.Sreeramulu died on 11.01.2006. The respondents have given consent affidavits 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.35,00,000/- and the net amount 1/5

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O.P.No.499 of 2023

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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.35,00,000/-. The petitioners hereby undertake to duly administer the specified property and credits of the deceased in any way concerning his 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 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 fourth petitioner has been examined as P.W.1. P.W.1 in his

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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 favour of petitioners in respect of the Last Will and Testament executed by the deceased K.Sreeramulu on 21.05.2003. The Will executed by the deceased K.Sreeramulu has been marked as Ex.P.1. Ex.P.2 is the copy of the death certificate of the deceased K.Sreeramulu. Ex.P.2 has been filed to

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O.P.No.499 of 2023

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prove that the testator K.Sreeramulu died on 11.01.2006. Ex.P.3 is the copy of the legal heir certificate of Sreeramulu. Ex.P.3 shows that the wife of the testator, respondents 1 and 2 and the husband of the third respondent and father of the respondents 4 to 6 are the legal heirs of the testator. Ex.P.4 is the computer generated death certificate of the wife of the testator, viz., Jayalakshmi. Ex.P.4 shows that the wife of the testator died on 02.11.2022. Ex.P.8 is the affidavit of assets showing the net value of the estate as Rs.35,00,000/-. Ex.P.9 and Ex.P.10 are paper publications, but none have objected for the same.

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4 . One A.T.Muthukumaraswamy, who is one of the attesting witness in the Will, was examined as P.W.2. In his evidence, P.W.2 has stated that he has signed as the first attesting witness in the Will along with one V.Kumar, who has signed as second attesting witness in the Will. He has further stated in his evidence that the testator was in sound state of mind while executing the Will and he has also seen the testator signing the Will and the other attesting witness signing in the document. He has also stated that the testator has seen the attesting witnesses subscribing their signature

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O.P.No.499 of 2023

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in the Will. The affidavit of the attesting witness is marked as Ex.P.11. The evidence of attesting witness not only prove the execution but also attestation of the Will and there is no other materials to suspect the Will.

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5 . In view of the above facts, I am of the view that the petitioners have proved 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 petitioners are 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. The petitioners are further directed to render true and correct accounts once in a year.

11.01.2024

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O.P.No.499 of 2023

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N.SATHISH KUMAR, J.

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O.P. No.499 of 2023

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11.01.2024

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

P.Sampathkumar and 3 Others v. S.Devaraj and 5 Others

Case brief

What is this about?

What did the court decide?

P.Sampathkumar and 3 Others v. S.Devaraj and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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