O.P.No.788 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

O.P.No.788 of 2022

1.Kotteeswari K

2.Amrita K

3.Master Madhav K

… Petitioners

Vs

Kamala G

... Respondent

PRAYER: Original Petition filed for issuance of Letters of Administration

under Section 232, 246 & 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 of the deceased annexed may be granted to the 1^st petitioner for

herself and on behalf of the 2^nd petitioner and 3^rd petitioner, for the use and

benefit of both minors, until they attain the age of majority having effect

throughout the State of Tamil Nadu and limited to the properties mentioned

in the Affidavit of Valuation of Assets.

For Petitioners : Ms.Gurmeet Kour

For Respondent : Mr.Deepak Kannaa.B

ORDER

This Original Petition has been filed for issuance of Letters of

Administration in respect of the Will dated 14.12.2018 executed by late

K.Krishnakumar, who died on 17.12.2018. The first petitioner is the wife,

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O.P.No.788 of 2022

the second and third petitioners are the minor daughter and son and

respondent is the mother of the testator. The petitioners are beneficiaries

under the said Will. The testator has not appointed any executor under the

Will. The first petitioner being the mother and natural guardian of second

and third petitioner seeks issuance of Letters of Administration in respect of

the properties situate within the jurisdiction of this Court.

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

death certificate of the testator K.Krishnakumar as, Ex.P10. The Original

registered Will dated 14.12.2018 has been produced as Ex.P1, and the legal

heirship certificate of the testator is produced as Ex.P11. A perusal of

Ex.P11 shows that the petitioners and the respondent are the Class-I legal

heirs of the testator. Notice was served on the respondent and has appeared

through a counsel but any objections were not received on behalf of the

respondent. Pursuant to the general publications made, any objections have

not been received, from the respondents herein or from any other person.

3. The petitioner has examined one Mr.K.R.Rajeesh Kumar, who is

the first attesting witness 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. One

Mr.C.S.John, who is the second attesting witness to the said Will was

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O.P.No.788 of 2022

examined as P.W.3. He has also spoken about the execution of the Will by

the testator and himself.

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

of Administration is granted in favour of the first petitioner for herself and

on behalf of second and third petitioner, in respect of the Will dated

14.12.2018 of the testator K.Krishnakumar. It is evident from the Will that

the testator has bequeathed 1/3^rd share each to the petitioners and the first

petitioner is hereby directed not to alienate the shares of the second and

third petitioner without the permission of this Court. The first 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 first petitioner is further directed to file an

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

and one year, respectively.

27.04.2023

gba

Index :Yes/No

Speaking order: Yes/ No

Neutral citation: Yes/ No

Petitioners' witness:

P.W.1 - Mrs.Kotteeswari K

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O.P.No.788 of 2022

P.W.2 – Mr.K.R.Rajeesh Kumar

P.W.3 – Mr.C.S.John

Documents exhibited by the petitioners:

Exhibits

Documents

Ex.P1

Original registered Will and Testame