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1954 Supreme(Mad) 488

RAMASWAMI GOUNDER


Advocates:
Assistant Government Pleader (K. Veeraswami) and V. Ramaswami for the State.

Ramaswami Gounder, J.:This petition has been placed before this Bench on a reference made by one of us, Ramaswami, J., “for deciding authoritatively whether letters of administration with the will annexed should be for the entire estate under the will or for a specific portion or part thereof”. The petitioner is one T.K. Parthasarathi Naidu, the son’s son of T. Parthasarathi Naidu. The latter owned a half share in house No. 9, Sydoji Lane, Triplicane, Madras, his brother, Balayya, being entitled to the other moiety in that property. It would appear that those two brothers owned this property as their self-acquisition and not as a joint family property, and so, both of them joined in the execution of a will, dated 29th May, 1919, which they got registered. Under that will, both the brothers dealt with their respective half share in the property, and we are only concerned with the will in so far as it relates to the disposition of T. Parthasarathi Naidu, the grandfather of the petitioner. He died in November, 1919, while his brother, Balayya, died in April, 1926. Parthasarathi Naidu left three sons; but he completely excluded the eldest son from the bequest, as he had seperated from













































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