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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N. MANJULA, J.
B. Abirama Sundari – Appellant
Versus
Nil – Respondent
O.P. No. 739 of 2022
Decided On : 24-07-2023
Letters of Administration - Will - Indian Succession Act XXXIX of 1925 - Section 63(c), Section 68 - The court granted Letters of Administration to the petitioner in respect of the Will dated 12.01.2004 of the testatrix N.Thilagavathi.
Fact of the Case:
The petitioner filed an Original Petition 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. The petitioner is the granddaughter of the deceased N.Thilagavathi. The property was bequeathed in favor of the petitioner and another beneficiary through the Will. The petitioner filed the petition upon realizing the legal requirements for obtaining Letters of Administration when she was about to sell the property.
Finding of the Court:
The court found that the Will fulfilled the essential requirements of Section 63(c) of the Indian Succession Act and was proved in accordance with Section 68 of the Indian Evidence Act. Considering the absence of objectors and the fact that the Will is a registered one, the court granted the relief sought by the petitioner by allowing the Original Petition and granting Letters of Administration.
Issues: The issues involved the grant of Letters of Administration in respect of the Will dated 12.01.2004, the legal requirements for obtaining Letters of Administration, and the fulfillment of essential requirements of the Will under the Indian Succession Act and the Indian Evidence Act.
Ratio Decidendi: The court's decision was influenced by the fulfillment of essential requirements of the Will under Section 63(c) of the Indian Succession Act and the proof of the Will in accordance with Section 68 of the Indian Evidence Act. The absence of objectors and the fact that the Will is a registered one also influenced the court's decision.
Final Decision: The Original Petition was allowed by granting Letters of Administration to the petitioner in respect of the Will dated 12.01.2004 of the testatrix N.Thilagavathi. The petitioner was directed to execute a bond and file an inventory of assets and statement of accounts within specified periods.
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. All the three of them remained unmarried.
3.1. After the demise of Kanakasabapathy and Sarathamani, the then surviving sister Thilagavathi inherited the petition mentioned property and enjoyed the same as its absolute owner; during her lifetime Thilagavathi executed a registered Will dated 12.01.2004 by bequeathing the property in favour of the petitioner B.Abirama Sundari and Kiruba Sundari who are the grand-nieces of the testatrix; among the two beneficiaries Kiruba Sundari also died on 10.03.2016 without leaving any legal heir; the said Will is the last Will executed by the testatrix; the testatrix did not appoint any executor in the Will; even though the petitioner was aware of the existence of the Will she was not aware of the legal requirements, only when she was about to sale the property she came to know about the necessity of obtaining Letters of Administration and hence she filed this petition.
4. The petitioner herself has been examined as P.W.1 and one of the attesting witnesses of the Will was examined as P.W.2. On the side of the petitioner, the following documents were marked as Ex.P.1 to Ex.P.17.
| Ex.P1 Photocopy of the sale deed dated 13.07.1970 in favour of M.N.Kanakasabapathy | |
| Ex.P2 | Photocopy of the death certificate of Kanakasabhapathy |
| Ex.P3 | Computer generated death certificate of N.Saradamani |
| Ex.P4 | Original Will dated 12.01.2004 executed by N.Thilagavathy |
| Ex.P5 | Photocopy of the Encumbrance Certificate dated 26.02.2004 for the period of 01.01.1987 to 24.02.2004 |
| Ex.P6 | Photocopy of the another Encumbrance Certificate dated 10.03.2004 for the period of 01.01.1970 to 31.12.1986 |
| Ex.P7 | Photocopy of the relationship certificate of N.Thilagavathy dated 23.03.2004 issued by Tahsildar, Mambalam |
| Ex.P8 | Photocopy of the letter dated 25.03.2004 given to the Revenue Officer, Corporation of Chennai by N.Thilagavathy to transfer house tax from the name of N.Kanakasabapathy to N.Thilagavathy |
| Ex.P9 | Photocopy of the order of name transfer dated 07.04.2004 issued by Corporation of Chennai changing the house tax name from N.Kanakasabapathy to N.Thilagavathy |
| Ex.P10 Photocopy of the death certificate of Kirubasundari | |
| Ex.P11 | Computer generated death certificate of N.Thilagavathy |
| Ex.P12 | Photocopy of the property tax demand card of N.Thilagavathy |
| Ex.P13 | Photocopy of the water and sewage tax charges card of N.Thilagavathy |
| Ex.P14 | Photocopy of the demand notice for property tax revision for the year 2018-2019 dated 08.10.2018 issued by Chennai Corporation to N.Thilagavathy |
| Ex.P15 | Affidavit of assets showing the net value of estate as Rs.1,77,91,640/- |
| Ex.P16 | Copy of the paper publication effected in one i |
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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