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2025 Supreme(Online)(MAD) 577

HIGH COURT OF MADRAS
Dr.Justice G.Jayachandran, J
S.Rajagopalan and 3 others – Appellant
Versus
Rajalakshmi and 5 others – Respondent
ORIGINAL PETITION NO.18 of 2024



Advocates:
Mr.V.Manohar

The court affirmed the validity of the Will executed by the testatrix, establishing that it was duly proved and consented to by all relevant parties.

Headnote:(A) Indian Evidence Act, 1872 - Section 65B - Grant of Letters of Administration - Petitioners, brothers of deceased husband of testatrix, sought Letters of Administration for property bequeathed in Will dated 04.04.2017 - All respondents consented to grant - Will proved through attesting witness, establishing competency and due execution - Ownership traced from sale deed. (Paras 1-3)

(B) Testamentary Succession - The execution of a Will must be proved as per legal requirements, including sound state of mind of the testatrix and proper attestation. (Paras 2-3)

Facts of the case:
The petitioners sought Letters of Administration for property acquired by the deceased husband of the testatrix, which was bequeathed to them in a Will executed by the testatrix. All respondents consented to the grant.

Findings of Court:
The Will was duly proved, and the ownership of the property was established through evidence.

Issues: The main issues were the validity of the Will and the consent of all parties involved.

Ratio Decidendi: The court found that the Will was executed in accordance with legal requirements, and the consent of all respondents supported the petitioners' claim.

Result: Original Petition allowed.

ORDER

This Original Petition for grant of Letters of Administration in respect of the Last Will and Testament of T.Bhavani filed by the petitioners, who are the brothers of the deceased husband of the testatrix Mrs.T.Bhavani. The suit schedule property was acquired by the testatrix's husband out of his earnings and on his demise, the property absolutely deveolved on the testatrix Bhavani, since they had no issues. During her life time, Mrs.T.Bhavani had executed a Will, dated 04.04.2017 bequeathing the property in favour of the petitioners, who are the brothers of the deceased husband of the testatrix Mrs.T.Bhavani. The respondents 1 to 3 are the sisters of the deceased husband of the testatrix Mrs.T.Bhavani and Respondents 4 to 6 are the husband, daughter and son of one Mrs.Nagalakshmi, who is the another sister-in-law of the deceased T.Bhavani and had predeceased the testatrix's husband S.Balakrishnan. The late Balakrishnan had four brothers and four sisters. All the respondents have given their consent for grant of Letters of Administration in favour of the petitioners.

2. To prove the Will, the second attestator of the Will Mrs.S.Prabha has been examined as PW-2 and she has deposed about the execution of the Will; about her sound state of mind; good health at the time of execution of the Will and through her, Affidavit and Aadhaar card of PW-2 were marked as Ex.P12 and Ex.P13 respectively. The first petitioner Rajagopalan was examined as PW-1. Through him, the following 11 exhibits were marked.

ExhibitsDetails
Ex.P1Original Will dated 04.04.2017 executed by Mrs.T.Bhavani.
Ex.P2Photocopy of the legal heirship certificate of Mr.Balakrishnan.
Ex.P3Photocopy of the legal heirship certificate of Mr.Balakrishnan.
Ex.P4Photocopy of the legal heirship certificate of Mr.V.Srinivasan.
Ex.P5Computer generated death certificate of Mrs.T.Bhavani.
Ex.P6Photocopy of the sale deed dated 22.02.1996 executed in favour of Mr.S.Balakrishnan.
Ex.P7Affidavit of assets showing the net value of the estate as Rs.39,98,500/-.
Ex.P8Photocopy of PW-1's Aadhaar Card.
Ex.P9Certificate under Section 65B of the Indian Evidence Act, 1872.
Ex.P10Copy of the paper publication effected in one issue of Tamil
ExhibitsDetails
Daily “Makkal Kural” dated 28.09.2024.
Ex.P11Copy of the paper publication effected in one issue of English Daily “Trinity Mirror” dated 06.10.2024.

3. The last Will of Bhavani marked as Ex.P1 been duly proved as per the provision of Bharatiya Sakshya Adhiniyam by examining one of the attesting witnesses. The ownership of the property is traced from Ex.P6 the sale deed executed in favour of S.Balakrishnan, the husband of testatrix Bhavani, on the death of S.Balakrishnan. The death of S.Balakrishnan was on 20.11.2022. The sole legal heir Bhavani has inherited the property and during her lifetime, she had executed the Will on 04.04.2017. The Will has taken effect on the death of Bhavani on 26.06.2022. Thus, the ownership of the property; the competency of the testratrix who executed the Will in respect of the property; and due execution of the property, been proved through evidence.

As a result,

(i)This Original Petition is allowed and Letters of Administration to be issued in accordance with Rules. Such Letters of Administration shall have effect throughout the State of Tamil Nadu.

(ii)The petitioners are directed to execute jointly a security bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) in the name of the Assistant Registrar (Original Side-II) of this Court.

(iii)The petitioners are further directed to file an inventory of assets and statement of accounts within a period of six months and one year respectively.

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