ORDER

This Original Petition has been filed under Sections 232 & 276 of the Indian Succession Act, 1925 r/s Order XXV, Rule-5 of Original Side Rules seeking for grant of Letters of Administration with the Will annexed of the properties and credits of deceased A.Murugan to the petitioner.

2. The averments in the petition are as follows:-

The Item No.1 of the petition mentioned property belonged to one Krishnammal by virtue of the sale deed dated 19.01.1994. The Item No.2 of the petition mentioned property was purchased by one Arumugam who is the husband of Krishnammal by virtue of the sale deed dated 12.11.2003. The said Arumugam died on 23.08.2005 and Krishnammal died on 10.08.2010. The petitioner and her brother Murugan are the only legal heirs of the deceased Arumugam and Krishnammal. The brother of the petitioner Murugan got married and the marriage was dissolved subsequently. The said Murugan did not have any issues out of the wedlock. Murugan also died on 07.09.2018. During his lifetime, Murugan had executed an unregistered Will in favour of the petitioner by bequeathing the properties in her favour. After the demise of Murugan, the Will came into effect. Therefore, the petitioner has filed this Original Petition seeking Letters of Administration in favour of the petitioner.

3. The petitioner examined herself as P.W.1 and one A.R.T.Venkatesa Subramaniam has been examined as P.W.2 and Exhibits P1 to P12 have been marked.

4. The death certificate of Murugan is marked as Ex.P9. The death certificate of the petitioner's parents are marked as Ex.P3 and Ex.P8. The photocopy of the legal heirship certificate of Krishnammal is marked as Ex.P4 and it shows that the petitioner and her brother are the only legal heirs of Krishnammal. Ex.P5 is the unregistered Will dated 27.05.2016. The paper publication issued in one issue of "Makkal Kural" on 15.06.2023 and in one issue of "Trinity Mirror" on 07.06.2023 did not attract any objectors and the same has been marked as Exhibits P11 & P12.

5. Mr.A.R.T.Venkatesa Subramaniam has been examined as P.W.2 and in his evidence he has stated that he is the second attestor of the Will. Murugan is his cousin. The said Murugan executed Ex.P5 Will dated 27.05.2016 in his presence and the other witness Mr.S.P.C.Balamurugan was also present. At the request of Murugan, he signed the Will as the 2nd attestor along with Mr.S.P.C.Balamurugan who attested the Will as the first attestor in the presence of Murugan. He further stated that Murugan was in a sound and disposing state of mind at the time of execution of Ex.P5 Will.

6. With the statement of P.W.2 and other documents in record, the petitioner has proved that the Will has been executed in terms of Section

63(c) of the Indian Succession Act and its genuineness is proved in accordance with Section 68 of the Indian Evidence Act.

7. Hence, this Original Petition is allowed by granting Letters of Administration to the petitioner with the Will dated 27.05.2016 of A.Murugan annexed thereto. Such Letters of Administration shall have effect throughout the State of Tamil Nadu. The petitioner is 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 Court. The petitioner is further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively.

10.08.2023 gsk Index :Yes/No APPENDIX Petitioner's witness:

P.W.1 – Mrs.J.Banumathy P.W.2 – Mr.A.R.T.Venkatesa Subramaniam Documents marked: