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2009 Supreme(Mad) 3499

R.MALA
M. Kuppusamy Naicker – Appellant
Versus
M. Mani & Others – Respondent


Advocates Appeared:
For the Plaintiff:T.S. Rajamohan, Advocate.
For the Defendants:A. Palaniappan, Advocate.

Judgment :-

The Suit has been filed praying for grant of Letters of Administration with the will annexed to the Plaintiff as the beneficiary under the Last Will and Testament of the deceased having effect throughout the State of Tamilnadu.

2. The averments made in the plaint are as follows-

(i) It is submitted that one Annammal, wife of Seetharama Naicker, was died on 27. 1991. At the time of her death, she left a property within the state of Tamilnadu . She resided at No.9, Othavadai Street, Nesapakkam, Chennai-78. When she executed a Will on 25. 1990, it was registered as the last will and testament of the deceased. It is duly executed that the deceased has not appointed any executor to execute the will and the Plaintiff being the sole beneficiary since the said deceased had no issues and her husband Seetharama Naicker also predeceased her at the time of executing the said Will. The testatrix of the said will died on 27. 1991. Since the plaintiff was not aware that he should obtain grant of letters of administration for the will, hence he did not approach the court. So the said delay is neither willful nor wanton.

(ii) The plaintiff is the sole surviving heir according to Indian















































































































































































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