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K.Vijay v. K.Gandhimathi

Madras HC18 Mar 2025OP/296/2024

Case brief

AI extract

What is this about?

Letters of Administration; Indian Succession Act Sections 232 & 276; Order XXV Rule 5 O.S.Rules; unregistered Will dated 16.07.2020; testamentary succession/probate; attesting witness; Section 65B Indian Evidence Act certificate; security bond; inventory of assets; Madras High Court Original Side; effect limited to State of Tamilnadu; O.P.No.296 of 2024; K.Sathyavathy; K.Vijay; K.Gandhimathi.

What did the court decide?

Letters of Administration granted in favour of the petitioner in respect of the Will dated 16.07.2020 of the testatrix K.Sathyavathy; petitioner directed to execute a security bond of Rs.25,000/- in the name of the Assistant Registrar (Original Side) of the Court and to file an inventory of assets and statement of accounts within a period of six months and one year respectively. ¶25

K.Vijay Vs K.Gandhimathi — Succession and Inheritance | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Letters of Administration with the Will annexed should be granted to the petitioner in respect of the Will dated 16.07.2020 executed by the deceased K.Sathyavathy, with effect limited to the State of Tamilnadu. +1 more

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Court's answer

Letters of Administration are granted in favour of the petitioner in respect of the Will dated 16.07.2020 of the testatrix K.Sathyavathy; the petitioner is directed to execute a security bond of Rs.25,000/- in the name of the Assistant Registrar (Original Side) of the Court and to file an inventory of assets and statement of accounts within a period of six months and one year respectively.

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Ratio / Principle

The assertions in the petition were duly proved by adducing oral evidence supported by documents, including the petitioner examined as PW1 and the second attesting witness examined as PW2.

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Key takeaways

Since the assertions stand duly proved, the petitioner is entitled to the relief sought.ratio¶20

Detailed headnote1 paragraphs

Madras High Court (K. Kumaresh Babu, J.), 18.03.2025 — O.P.No.296 of 2024: Original Petition under Sections 232 & 276 of the Indian Succession Act read with Order XXV Rule 5 of O.S.Rules for Letters of Administration with Will annexed, to have effect limited to the State of Tamilnadu, filed by K.Vijay, son/beneficiary under the unregistered Will dated 16.07.2020 of the deceased K.Sathyavathy (died 31.07.2020); the petitioner and respondent are the children of the testatrix and her husband predeceased her. Respondent made no appearance. Execution of the Will was proved through the petitioner as PW1 and the second attesting witness Mr.M.Vadivelan as PW2; death certificates, legal heirship certificate, affidavit of assets showing net value of Rs.60,00,000/- (Ex.P5) and two paper publications (Ex.P6, Ex.P7) were exhibited; no objection was received from any person. The Court found the assertions duly proved by oral evidence supported by documents, held the petitioner entitled to the relief, and granted Letters of Administration in respect of the Will dated 16.07.2020, directing execution of a security bond of Rs.25,000/- in the name of the Assistant Registrar (Original Side) and filing of an inventory of assets and statement of accounts within six months and one year respectively.

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O.P.No.296 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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O.P.No.296 of 2024

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K.Vijay …Petitioner

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vs.

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K.Gandhimathi ...Respondent

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PRAYER : Original Petition filed for Letters of Administration under Sections 232 & 276 of the Indian Succession Act read with Order XXV Rule 5 of O.S.Rules, to grant Letters of Administration with Will annexed of the properties and credit of deceased to the petitioner of the deceased K.Sathyavathy to have effect limited to the State of Tamilnadu as son/beneficiary under the Will of the deceased.

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For Petitioner : Mr.C.D.Sugumar For Respondent : 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 16.07.2020 executed by late.K.Sathyavathy, who died on 31.07.2020. The petitioner and the respondents are the children of the testatrix. The husband of the testatrix predeceased her. The testatrix has not appointed an executor under the Will.

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

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O.P.No.296 of 2024

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The petitioner seeks issuance of Letters of Administration in respect of the properties situated within the jurisdiction of this court.

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The petitioner has examined himself as PW1. He has produced the Original unregistered Will dated 16.07.2020 as Ex.P4. The computer generated death certificates of the testatrix and her husband as Ex.P8 and Ex.P10. The computer generated legal heirship certificate of the testatrix as Ex.P9. On perusal of Ex.P9, it shows that the petitioner and the respondents are the children of the testatrix. The paper publications have been made and marked as Ex.P6 and Ex.P7. No objection has been received from any person.

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The petitioner has examined Mr.M.Vadivelan, who is the second attesting witness to the said Will as PW2. He has spoken about the execution of the Will by the testatrix and its attestation by him and has marked his affidavit as Ex.P12.

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The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.

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

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O.P.No.296 of 2024

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In view of the above mentioned facts, this Original Petition is

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ordered and Letters of Administration are granted in favour of the petitioner, in respect of the Will dated 16.07.2020 of the testatrix K.Sathyavathy. 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 (Original Side) of this Court. The petitioner is further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively.

18.03.2025

kak

Index:Yes/No

Petitioner's witness:

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P.W.1 - Mr.K.Vijay P.W.2 – Mr.M.Vadivelan

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Documents exhibited by the petitioners:

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Exhibits	Documents
Ex.P1	Photocopyof myAadhar card(Compared with the original)
Ex.P2	Photocopy of registered sale deed dated 10.04.1995 executed in favour of Mrs.K.Sathyavathy (Compared with the original)
Ex.P3	Photocopy of registered partition deed dated 21.03.1996(Compared with the original)
Ex.P4	Original Unregistered Will dated 16.07.2020 executed by K.Sathyavathy.
Ex.P5	Affidavit of assets showing the net value of assets as Rs.60,00,000/-
Ex.P6	Copyofpaperpublication effected in one issue of Tamil

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

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O.P.No.296 of 2024

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	Daily'Makkal Kural' dated 23.11.2024.
Ex.P7	Copy of paper publication effected in one issue of English Daily'Southern Mail' dated 03.12.2024.
Ex.P8	Computergenerated death certificate of Mrs.K.Sathyavathy.
Ex.P9	Computer generated legal heir certificate of Mrs.K.Sathyavathy.
Ex.P10	Computergenerated death certificate of Mr. T.S. Kumar
Ex.P11	Certificate under Section 65 B of Indian Evidence Act,1872.
Ex.P12	Myaffidavit.
Ex.P13	Photocopy of my Aadhaar Card (Compared with the original)