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R. N. MANJULA
B. Abirama Sundari – Appellant
Versus
Nil – Respondent
JUDGMENT
(Prayer: Original Petition filed under Sections 232 and 276 of the Indian Succession Act XXXIX of 1925 read with Order XXV Rule 5 of Original Side Rules, prays that the Letters of Administration with Will annexed to the petitioner as beneficiary grand daughter under the Will of the deceased N.Thilagavathi dated 12.01.2004 having effect limited to the State of Tamil Nadu.)
1. This Original Petition has been filed by the petitioner seeking grant of Letters of Administration in respect of the Will dated 12.01.2004 executed by late N.Thilagavathi, who died on 23.09.2016.
2. Heard the learned counsel for the petitioner and perused the materials available on record.
3. The petitioner is the granddaughter of the deceased N.Thilagavathi; the petition mentioned property was originally purchased by one N.Kanakasabapathy by virtue of a sale deed dated 13.07.1970; subsequent to the purchase of the property, Kanakasabapathy and his sisters Sarathamani and Thilagavathi constructed a superstructure to the extent of 907 sq.ft. and they were residing as a joint family in the said property.
Letters of Administration granted upon establishment of legal heir status and valid execution of a Will under the Indian Succession Act, 1925.
The court affirmed that a validly executed will, unopposed by other heirs, establishes rightful claim to the deceased's estate under the Indian Succession Act.
A grant of Letters of Administration with the Will annexed is issued when there is no appointed executor under a validly proven Will and the petitioner establishes their status as the rightful benefi....
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