O.P.No.32 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

O.P.No.32 of 2021

C.K.Manickaraj

… Petitioner

Vs

1.J.Jagan

2.Rajeswari

… Respondents

PRAYER: Original Petition filed for issuance of Letters of Administration

under Section 232 & 276 of the Indian Succession Act, r/w.XXV Rule 5 of

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

Will annexed may be granted to the petitioner, being the vested holder and

sole beneficiary, under the Will of the said V.M.Ambal, since deceased.

For Petitioner : Mr.C.P.Sivamohan

For Respondents : No appearance

ORDER

This Original Petition has been filed for issuance of Letters of

Administration in respect of the Will dated 22.05.2017 executed by late

V.M.Ambal, who died on 29.12.2019. The petitioner and the first

respondent are the nephew, who are the sons of the testatrix elder and

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O.P.No.32 of 2021

younger sister. The second respondent is the niece of the testatrix, who is the

sister of the petitioner. The petitioner is the sole beneficiary under the said

Will. The testatrix has not appointed any executor under the Will. The

petitioner seeks issuance of Letters of Administration in respect of the

properties situate within the jurisdiction of this Court.

2. The petitioner states that the testatrix was married to one

Sivashankar Mudaliar and he pre-deceased her and out of the wedlock they

have no issues. The petitioner has been examined as P.W.1. He has

produced the death certificates of the testatrix V.M.Ambal and Rajathi

Kothandaraman (sister of the testatrix, who is also the mother of the

petitioner and the second respondent) as, Exs.P4 and P5. The Original

unregistered Will dated 22.05.2017 has been marked as Ex.P1. The

respondents have expressed their consent to grant Letters of Administration

in favour of the petitioner and their consent affidavits are marked as Exs.P10

and P11. A paper publication has been made and any objections have not

been received.

3. The petitioner has examined one Mr.K.S.Krishna Kumar, who is

the first attesting witness to the said Will as P.W.2. He has spoken about the

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O.P.No.32 of 2021

execution of the Will by the testatrix and its attestation by himself.

4. In view of the above, this Original Petition is ordered and Letters of

Administration is granted in favour of the petitioner, in respect of the Will

dated 22.05.2017 of the testatrix V.M.Ambal. 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.

28.04.2023

gba

Index :Yes/No

Speaking order: Yes/ No

Neutral Citations: Yes/ No

Petitioner's witness:

P.W.1 - Mr.C.K.Manickaraj

P.W.2 – K.S.Krishna Kumar

Documents exhibited by the petitioner:

Exhibits

Documents

Ex.P1

Original unregistered Will dated 22.05.2017 executed by

Mrs.V.M.Ambal

Ex.P2

Photocopy of the family card

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O.P.No.32 of 2021

Exhibits

Documents

Ex.P3

Copy of the letter sent by the petitioner to the Manager TNHB,

Anna Nagar Division, Thirumangalam

Ex.P4

Computer generated death certificate of Mrs.V.M.Ambal

Ex.P5

Computer generated death certificate of Rajathi

Kothandaraman

Ex.P6

Photocopy of the proceedings of the Superintendent Engineer

dated 17.06.1982

Ex.P7

Affidavit of assets showing the net value of estate as

Rs.34,90,000/-

Ex.P8

Copy of paper publication effected in one issue of Tamil dialy

“Makkal Kural” dated 28.01.2023

Ex.P9

Copy of paper publication effected in one issue of English