O.P.No.488 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA

O.P.No.488 of 2022

Ananth Bhogaraju … Petitioner

Vs.

1.M.V.Lakshmi

2.C.Kalpakam

....

Respondents

PRAYER : Original Petition is filed under Section 232 & 276 of the Indian

Succession Act, 1925 r/w. Order XXV, Rule 5 of Original Side Rules

seeking for grant of Letters of Administration with the Will annexed may be

granted to the petitioner being the cousin of the testatrix and the sole

beneficiary and legatee under Will of the said deceased Ms.V.Aparna, dated

20.03.2020, having effect limited to the State of Tamil Nadu.

For Petitioner : Ms.S.P.Arthi

ORDER

This Original Petition has been filed under Section 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 to the petitioner.

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O.P.No.488 of 2022

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

The petition mentioned property is originally belonged to one Aparna.

The said Aparna died on 25.08.2021. The deceased remained unmarried.

The petitioner is the cousin brother of the deceased. During the life time of

Aparna, she executed an unregistered Will dated 25.03.2020 by declaring

the petition mentioned property in favour of petitioner. The parents of the

deceased also died on 14.09.2021 and 15.09.2021 respectively. The

respondents are the maternal aunties of the deceased. The petitioner has

impleaded all the next kin as party / respondents. There are no next or other

persons having any interest in the property of the deceased Aparna. The

petitioner has filed this Original Petition seeking letters of administration in

his favour.

3. The petitioner examined himself as P.W.1 and one C.Kalpakam has

been examined as P.W.2 and marked Exhibits P1 to P13 which are tabulated

hereunder:

Exhibits

Documents

P1

The photocopy of the death certificate of Mrs.Y.Krishnaveni.

P2

The photocopy of the death certificate of Mrs.Ramanamma.D.V.

P3

The photocopy of the Settlement Deed dated 11.02.2016 executed

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O.P.No.488 of 2022

Exhibits

Documents

by Mrs.V.K.Durga in favour of Mrs.Shyamala Devi Bhogaraju and

V.Aparna.

P4

The photocopy of the death certificate of Mrs.Shyamala Devi

Bhogaraju.

P5

The original unregistered Will and Testament dated 25.03.2020

executed by Ms.V.Aparna.

P6

The computer generated death certificate of Ms.V.Aparna.

P7

The computer generated death certificate of Mr.V.S.G.Rao.

P8

The computer generated death certificate of Mrs.V.K.Durga.

P9

The consent affidavit filed by the first respondent.

P10

The consent affidavit filed by the second respondent.

P11

The affidavit of assets showing the net value of the Estate

Rs.1,19,75,000/-.

P12

The copy of the paper publication effected in one issue of Tamil

Daily "Makkal Kural"dated 20.03.2023.

P13

The copy of the paper publication effected in one issue of English

Daily "Trinity Mirror" dated 27.03.2023.

4. The original Will dated 25.03.2020 is marked as Ex.P5. Ex.P6 is

the death certificate of V.Aparna. The first and second respondents have

given their consent affidavits which are marked as Exhibits P9 & P10. The

paper publication issued in one issue of "Makkal Kural" on 20.03.2023 and

in one issue of "Trinity Mirror" on 27.03.2023 did not attract any objectors

and the same have been marked as Exhibits P12 & P13.

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O.P.No.488 of 2022

5. Mrs.V.K.Durga, the first attestor of the Will dated 25.03.2020 died

on 14.09.2021. The second attestor of the Will has been examined as P.W.2.

She stated in her evidence that she is the maternal aunt of Ms.V.Aparna.

Ms.V.Aparna executed her last Will and Testament on 25.03.2020 in her