V.Ramanujam Vs Mr.v.Rengarajan (Deceased)

1.Mr.V.Rengarajan (Deceased) 2.Mrs.V.Jayalakshmi 3.Mrs.S.Shyamala 4.Mr.R.Radhakrishnan 5.Mr.R.Venkatesan (Amended as per the order dated 23.06.2022 in A.No.1987 of 2022) 6.Mr.R.Paremalan 7.Mrs.Rajeswari 8.R.Hari Lakshmi 9.R.Padma 10.R.Sundar 11.A.Chitra (Respondents 8 to 11 brought on record as Legal Heirs of deceased 1 st respondent and amended as per order dated 23.03.2022 in A.No.852 of 2021 and time extended as per order dated 26.09.2022 in A.No.4324 of 2022) ...Respondents

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PRAYER : Original Petition filed under Order XXV Rule 5 of O.S.Rules and under Sections 232 & 276 of Indian Succession Act XXXIX of 1925.

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

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O.P.No.1127 of 2018

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For Petitioner : M/s.Suchit Anant Palande

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For Respondents : No appearance

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ORDER

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This Original Petition has been filed for issuance of the Letters of Administration in respect of the Will dated 12.05.1997 executed by late.B.Venkatarangam, who died on 02.05.1998. The petitioner and respondents 1 to 3 are the children of the testator. The respondents 4 to 7 are the grandchildren of the testator through his deceased daughter. During the pending litigation, the first respondent died and the respondents 8 to 11 were brought on record as surviving legal heirs of the first respondent. The petitioner is the only beneficiary under the said will. The respondents inspite of service of notice have remained absent and kept themselves away from their proceedings. The petitioner seeks issuance of Letters of Administration in respect of the property situated within the jurisdiction of this court.

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The petitioner has examined himself as PW1. He has produced the

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original death certificate of the Testator as Ex.P1. The Original will and testament dated 12.05.1997 as Ex.P2. The legal heir certificate of the testator

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O.P.No.1127 of 2018

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as Ex.P3. The death certificates of the testator’s wife, daughter and son as Ex.P4, Ex.P5 and Ex.P7. On perusal of the Ex.P3, it clearly exhibits that the petitioner and respondents 1 to 3 are the surviving legal heirs of the testator and testator’s wife, one son and a daughter were dead. A paper publication has been made and marked as Ex.P9 and Ex.P10 wherein the legal heirs of the deceased son and daughter are shown as respondents 4 to 11. No objection was received from any person. Hence, the petitioner and respondents are the only surviving legal heirs of the testator late. B.Venkatarangam.

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The petitioner has examined Mrs.Shyamala Sundhara Rajulu, who is the first attesting witness to the said Will as PW2. She has spoken about the execution of the Will by the testator and its attestation by her.

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In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioner, in respect of the Will dated 12.05.1997 of the testator late.B.Venkatarangam. The petitioner is directed to execute a security bond for a sum of Rs.25,000/(Rupees Twenty Five Thousand Only) in the name of the Assistant Registrar 3/6

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O.P.No.1127 of 2018

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(Original Side) of this Court. The petitioner is further directed to file an

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inventory of assets and statement of accounts within a period of six months

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and one year, respectively.

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13.02.2025

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kak Index :Yes/No

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Petitioner's witness:

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P.W.1 - Mr.V.Ramanujam P.W.2 – Mrs.Shyamala Sundhara Rajulu

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Documents exhibited by the petitioners:

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*Exhibits*	*Documents*
Ex.P1	Original death certificate of Mr.B.Venkatrangan who died on 02.05.1998.
Ex.P2	Original Will executed by Mr.B.Venkatrangam dated 12.05.1997.
Ex.P3	Photocopy of the legal heirship certificate of Mr.B.Venkatrangan dated 11.01.1999 (Compared with original)
Ex.P4	Printout of the death certificate of Mrs.Ranganayaki who died on 14.05.2011.
Ex.P5	Photocopy of the death certificate of Mrs.Vanajatchi who died on 26.03.2001. (Compared with the original)
Ex.P6	Certified copy of the sale deed in favour of Mr.B.Venkatarangam dated 12.08.1967.
Ex.P7	Printout of the death certificate of Mr.Rengarajan who died on

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O.P.No.1127 of 2018

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*Exhibits*	*Documents*
	22.05.2020.
Ex.P8	Printout of the Corporation tax receipt in the name of B.Venkatarangam dated 31.08.2023 for theyear 2022-2023.
Ex.P9	Paper publication effected in Tamil Newspaper (Makkal Kural) dated 01.08.2023.
Ex.P10	Paper publication effected in English Newspaper (Trinity Mirror) dated 14.08.2023.
Ex.P11	Affidavit of assets.