P.Malarvizhi and 5 Others Vs a.Rajkumar and Another

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O.P.No.668 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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O.P.No.668 of 2023

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1.P.Malarvizhi 2.A.Thenkumari 3.D.Gowthaman 4.D.Kaviarasu 5.N.Anbumani 6.D.Kamaraj …Petitioners vs. 1.A.Rajkumar 2.A.Sureshkumar ...Respondents

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PRAYER : Original Petition filed for Grant of Letters of Administration under Section 232 and 276 of the Indian Succession Act XXXIX of 1925 and Order XXV Rule 5 of Original Side Rules, praying that Letters of Administration with the Will annexed to the property and credits of deceased may be granted to the petitioners as the son and the daughters' of the legatee under the Will of said deceased having effect limited to State of Tamil Nadu.

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For Petitioners : Mr.S.Annamalai For Respondents : No appearance

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O.P.No.668 of 2023

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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 09.04.1996 executed by late.T.V.Dhatchinamurthy and R.Jeyaseeli, who died on 13.06.1999 and 20.05.2001. The petitioners are the children of the testators and the respondents are the grandson of the testators through their predeceased daughter. The testators did not appoint an executor under the Will. The petitioners seek issuance of Letters of Administration in respect of the properties situated within the jurisdiction of this court.

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The sixth petitioner has been examined as PW1. He has produced the Original Will and Testament dated 09.04.1996 as Ex.P1. The original death certificates of both the testators as Ex.P2 and Ex.P3. The computer generated death certificate and the legal heir certificate of the predeceased daughter of the testator as Ex.P4 and Ex.P5. The legal heir certificate of the testator Mrs.Jeyaseeli as Ex.P6. On perusal of Ex.P6, it shows that the petitioners are the children of the testator Mrs.Jeyaseeli who died subsequent to her husband and her daughter. On perusal of Ex.P5, it shows that the respondents are the children of the predeceased daughter of the testators. The paper publications have been made and marked as Ex.P10 and Ex.P11.

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O.P.No.668 of 2023

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No objection has been received from any person. The first respondent has given his consent to grant letters of administration in favour of the petitioners. The second respondent inspite of service of notice, kept himself away from this proceedings.

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The petitioner has examined Mr.K.Sambandamoorthy, who is the first attesting witness to the said Will as PW2. He has spoken about the execution of the Will by the testators 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

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oral evidence supported by documents. In these circumstances, the petitioners are entitled to the relief.

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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 petitioners, in respect of the Will dated 09.04.1996 of the testators late.T.V.Dhatchinamurthy and R.Jeyaseeli. The petitioners are 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

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O.P.No.668 of 2023

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Court. The petitioners are further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively.

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17.03.2025

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kak Index :Yes/No

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Petitioner's witness:

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P.W.1 – Mr.D.Kamaraj P.W.2 – Mr.K.Sambandamoorthy

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Documents exhibited by the petitioners:

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Exhibits	Documents
Ex.P1	Original Will dated 09.04.1996 jointly executed by Mr.T.V.Dhatchanamurthyand Mrs.R.Jayaseeli.
Ex.P2	Original death certificate of Mr.T.V.Dhatchanamurthy.
Ex.P3	Original death certificate of Mrs.R.Jayaseeli.
Ex.P4	Computergenerated death certificate of Ms.Russia A.
Ex.P5	Photocopy of the legal heir certificate of Ms.A.Russia (Compared with the original).
Ex.P6	Computergenerated legal heir certificate of Mrs.Jeyaseeli.
Ex.P7	Photocopy of the property tax demand card standing in the name of Mrs.R.Jayaseelee.
Ex.P8	Certificate under Section 65 B of the Indian Evidence Act, 1872.
Ex.P9	Affidavit of Assets showing the net value of the estate as Rs.50,00,000/-
Ex.P10	Copy of the paper publication effected in one issue of Tamil Daily'Makkal Kural' dated 05.10.2024.

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O.P.No.668 of 2023

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Ex.P11	Copy of the paper publication effected in one issue of
	English Daily'TrinityMirror' dated 12.10.2024.
Ex.P12	Myaffidavit as attestingwitness.
Ex.P13	Photocopy of my Aadhaar Card (Compared with the original)

17.03.2025

kak

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O.P.No.668 of 2023

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K.KUMARESH BABU, J.

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kak

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O.P.No.668 of 2023

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17.03.2025

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P.Malarvizhi and 5 Others v. a.Rajkumar and Another

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P.Malarvizhi and 5 Others v. a.Rajkumar and Another

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