O.P.No.644 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

O.P.No.644 of 2022

1.J.Panjali

2.B.Anjali

3.T.Jaya

4.S.Geetha

5.A.Kirupakaran

6.K.Udhayakumar

7.K.Vijayakumar

8.K.Balaji

… Petitioners

Vs

K.Padmavathy

… Respondent

PRAYER: Original Petition filed for issuance of Letters of Administration

under Section 232 & 276 of the Indian Succession Act, 1925 r/w.XXV Rule

5 of the Original Side Rules, prays that the Letters of Administration with

Will of the deceased annexed may be granted to them as the daughters and

legal heirs of the beneficiary under the Will of the deceased.

For Petitioners : Mr.N.Ramachandran

For Respondent : No apperance

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O.P.No.644 of 2022

ORDER

This Original Petition has been filed for issuance of Letters of

Administration in respect of the Will dated 17.02.2003 executed by late

M.Arjunan, who died on 09.02.2019. The petitioners one to four are the

daughters, petitioners five to eight are the legal heirs of the deceased

daughter K.Suguna, who are also the son in-law and grandsons of the

testator. The testator has five daughters and one son, for the son he has

bequeathed another property and the son is also deceased, so his wife is

arrayed as the respondent. The petitioners one to four and the deceased

daughter K.Suguna are the beneficiaries under the Will. The petitioners

seeks issuance of Letters of Administration in respect of the properties

situate within the jurisdiction of this Court.

2. The third petitioner has been examined as P.W.1. She has produced

the death certificates of the testator M.Arjunan, A.Angammal (wife of the

testator), K.Suguna (daughter of the testator), A.Kumar (son of the testator),

as Exs.P2, P3, P4 and P6. The Original Will dated 17.02.2003 has been

produced as Ex.P1. The legal heirship certificates of the testator and his

deceased daughter has been marked as Exs.P6 and P5, and on perusal of

Ex.P6, it shows that the petitioners one to four and the deceased daughter

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O.P.No.644 of 2022

are the Class-I legal heirs of the testator, and on perusal of Ex.P5, it shows

that the petitioners five to eight are the Class-I legal heirs of the deceased

daughter K.Suguna. The respondent has expressed her consent to grant

Letters of Administration in favour of the petitioners, and her consent

affidavit is marked as Ex.P12. A paper publication has been made and any

objections have not been received.

3. The petitioner has examined one Mr.K.Ravi, who is the second

attestor to the said Will as P.W.2. He has spoken about the execution of the

Will by the testator and its attestation by himself and Mr.V.Kannan.

4. In view of the above said evidence, this Original Petition is ordered

and Letters of Administration is granted in favour of the petitioners, in

respect of the Will dated 17.02.2003 of the testator M.Arjunan. The

petitioners are 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 petitioners are further directed to file an

inventory of assets and statement of accounts within a period of six months

and one year, respectively.

19.04.2023

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O.P.No.644 of 2022

gba

Index :Yes/No

Speaking: Yes/ No

Neutral Citation: Yes/ No

Petitioner's witness:

P.W.1 - Mrs.T.Jaya

P.W.2 – Mr.K.Ravi

Documents exhibited by the petitioners:

Exhibits

Documents

Ex.P1

Original registered Will and Testament dated 17.02.2003

executed by Mr.M.Arjunan

Ex.P2

Computer generated death certificate of Mr.M.Arjunan

Ex.P3

Computer generated death certificate of Mrs.A.Angammal

Ex.P4

Computer generated death certificate of Mrs.Suguna

Ex.P5

Computer generated legal heirship certificate of Mrs.K.Suguna

Ex.P6

Computer generated legal heir ce