Allowed

K.Ramanathan (Deceased) v. Mrs.Sitalakshmi Ramanathan (Deceased)

Madras HC4 Dec 2024TOS/34/2015

Case brief

AI extract

What is this about?

The court held the Will of the deceased father dated 1985 to be genuine, validated by attesting witnesses and consent affidavits from legal heirs. Consequently, the suit for Letters of Administration with the Will annexed was allowed, and a subsequent settlement deed by the mother was declared void.

What did the court decide?

Letters of Administration with the Will annexed granted to the petitioner; Settlement deed dated 19.08.2010 declared null and void.

K.Ramanathan (Deceased) Vs Mrs.Sitalakshmi… — Succession and Inheritance | Madras HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Reserved on : 20.09.2024

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Pronounced on : 04.12.2024

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CORAM:

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THE HON`BLE MR.JUSTICE A.A.NAKKIRAN

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TOS.No.34 of 2015 in (OP.No.22 of 2015)

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R. Nagarajan ... Petitioner/Plaintiff

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vs.

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Sitalakshmi Ramanathan (deceased)

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(1^st defendant died, the 2^nd defendant Indira Jayaraman recognized as legal heir of the deceased 1^st defendant amendment carried out as per order dated 23.06.2022 in A.No.1838/2022)

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Indira Jayaraman

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Caveators/Defendants

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Prayer: Testamentary Original Suit filed under Sections 232 and 276 of the Indian Succession Act XXXIX of 1925 for the grant of Letters of Administration. As per order of this court dated 07.09.2015 in O.P.No.22 of 2015, the Original Petition has been converted into Testamentary Original Suit No.34 of 2015.

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*Sl.No.*	*Dated*		*Description of documents*	*Exhibits*
1.	04.02.1985	Last W and in of 198	ill executed of Late K. Ramanathan favour of plaintiff (Document No.6 5)	Ex.P1
2.	08.12.1978	Sale Raman No.5, Chenn	Deed under which Late K. athan purchased the property at 8^thCross , West Shenoy Nagar, ai.	Ex.P2
3.	01.04.1986	Legal Chand	Heirship Certificate of Late C.R. rasekar, 2^ndson of the Testator	Ex.P3
4.	09.07.1996	Letter to the	written by Testator K. Ramanathan plaintiff	Ex.P4
5.	08.11.1996	Death (Testa	Certificate of K. Ramanathan tor)	Ex.P5
6.	19.11.1996	Legal (Testa	Heirship Certificate K.Ramanathan tor)	Ex.P6
7.	19.08.2010	Deed defend	of Settlement executed by 1^st ant in favour of the plaintiff	Ex.P7

*Sl.No.*	*Dated*	*Description of documents*	*Exhibits*
8.	25.09.2014	Affidavit of Assets of the Testator executed by the plaintiff	Ex.P8
9.	02.07.1985	Death Certificate of C.R. Chandrasekar, the second son of the Testator	Ex.P9
10.	21.10.2016	Legal Notice issued by 2^nddefendant to the plaintiff	Ex.P10
11.	28.10.2016	Reply Notice issued by the plaintiff	Ex.P11
12.	04.11.2016	Death Certificate of Mrs.Seethalakshmi Ramanathan (1^stdefendant)	Ex.P12
13		Consent Affidavit filed by 5^threspondent, Mr.Karthik Chandrasekar	Ex.P13
14	16.07.2022	General Power of Attorney executed by the 6^th respondent, Mrs.Niranjana Chandrasekar in favour of the 4^th respondent, Mrs. Usha Chandrasekar	Ex.P14

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A compact analysis

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