Order dated 17.08.2021 in O.P.No.466 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.08.2021

Coram:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN

Original Petition No.466 of 2020

P.Jaiganesh, S/o Late R.Palaniswamy

.. Petitioner

Vs.

1. Mrs.Kirthika, Wife of Late P.Hari Kumar

2. Mrs.P.Usha, Wife of Mr.Palani, Daughter of Late Palaniswamy

3. Mrs.A.Asha Rani, Wife of Mr.Anbalagan, Daughter of Late Palaniswamy

4. Mrs.S.Iswarya, Wife of Mr.Shankar, Daughter of Late Palaniswamy

.. Respondents

Original Petition filed under Sections 232 and 276 of the Indian

Succession Act, 1925 (XXXIX of 1925) read with Order XXV Rule 5 of the

Original Side Rules of this Court, praying to grant Letters of Administration

with the Will, having effect limited to the State of Tamil Nadu.

For petitioner : Mr.M.Eghambaram

For respondents: No appearance

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Order dated 17.08.2021 in O.P.No.466 of 2020

ORDER

This Petition has been filed to grant Letters of Administration with

the Will annexed, as the brother/legatee named under the Will of the

deceased P.Harikumar, having effect limited to the State of Tamil Nadu.

2. In the petition, it is stated as follows:

(a) The testator Late P.Harikumar is the younger brother of the

petitioner. The first respondent is wife and respondents 2 to 4 are the sisters

of the testator. The petitioner had been named legatee as per the above said

Will executed by the testator, dated 03.12.2014. As per the Will, the testator

bequeathed the properties in enjoyment in favour of the petitioner. After the

life-time of the testator, the petitioner shall have absolute rights to enjoy the

properties and to alienate the properties and all other right to deal with the

properties in any manner. The testator had expired naturally on 26.12.2015

at his residence at No.383/101 G.Saratha College Main Road,

Azhagapuram, Salem District, Salem-636 016, where he was then ordinarily

residing and breathed his last. The testator had expired leaving behind the

petitioner and the respondents as his legal heirs.

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Order dated 17.08.2021 in O.P.No.466 of 2020

(b) The petitioner has described in the schedule of immovable

properties owned by the testator, which is situated within the State of Tamil

Nadu and Chennai, within the jurisdiction of this Court. The testator, during

his life-time, had executed a Will, dated 03.12.2014 in the presence of two

independent witnesses, (i) M.Muniyan son of S.Muthurangan, residing at

No.133, West Namachivayapuram, Choolaimedu, Chennai-600 094, and

(2)D.A.Silambharasu, son of Dhanasekaran, residing at No.1, B.R.Garden,

Broadway Road, Chennai-600 108, bequeathing the properties in favour of

the petitioner. The writing hereto annexed and marked "A" is the last Will

of the deceased.

(c) The Original Will being the last testament of the testator and was

duly executed by him at Salem on 03.12.2014 in the presence of the said

two independent witnesses and whose names appear at the foot of the Will

at the witnesses column. Under the said Will, the deceased had not

appointed any Executor. The amount of assets which are likely to come into

the petitioner's hands, does not exceed in the aggregate the sum of

Rs.5,21,01,984/- and the net amount of the said assets after deducting all

items, which the petitioner by law allowed to deduct, is only of the value of

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Order dated 17.08.2021 in O.P.No.466 of 2020

Rs.5,20,81,984/-.

(d) No application has been made to any District Court or delegate or

to any other High Court for probate of any Will of the deceased or Letters of

Administration with or without the Will annexed of his properties and

credits.

(e) The petitioner undertakes to duly administer the properties and

credits of the deceased and in any way concerning