Madras High Court
Jayalakshmi vs R.Gayathri on 20 October, 2021
Author: V. Parthiban
Bench: V.Parthiban
O.P.No.115 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20.10.2021
Coram:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
Original Petition No.115 of 2021
Jayalakshmi,
W/o Late K.Ganesan .. Petitioner
Vs.
1. R.Gayathri, W/o. S.Senthil
2. R.Hari Prasath, S/o. Raja
3.G.Viswadharini, D/o. K.Ganesan .. Respondents
Original Petition (O.P) filed under Sections 232 and 276 of the Indian
Succession Act, 1925 read with Order XXV Rule 5 of the Original Side
Rules of this Court, and the petitioner has prayed to grant Letters of
Administration in her favour, with the Will annexed to the petition, as she
being the beneficiary/legatee under the Will of the deceased P.Kannan,
having effect throughout the State of Tamil Nadu.
For petitioner : M/s.P.B.Ramanujam
For respondents:
Names of all respondents printed in cause list -No appearance.
Page No.1/10
https://www.mhc.tn.gov.in/judis/
O.P.No.115 of 2021
ORDER
This Original Petition has been filed seeking to grant Letters of Administration in favour of the petitioner with the Will annexed to the petition, as she being the beneficiary/legatee under the Will of the deceased P.Kannan, having effect throughout the State of Tamil Nadu.
2. In the petition, it is stated as follows:
(a) The petitioner further submits that the above named deceased P.Kannan, who died on 16.11.2011 at 17/3, Mathurangan Salai, T.Nagar, Chennai-600017, ordinarily resided at 17/3, Muthurangan Salai, T.Nagar, Chennai-600017, possessed of properties within the State of Tamil Nadu i.e within the jurisdiction of this Court.
(b) The writing hereunto annexed, now shown to the Petitioner and marked with Letter 'A', is the last Will and Testament of the said deceased P.Kannan and was duly executed by the deceased on 16.11.2011, in the Page No.2/10 https://www.mhc.tn.gov.in/judis/ O.P.No.115 of 2021 presence of two witnesses, who are well known to the deceased, whose names appear at the foot thereof, within the jurisdiction of this Court.
(c). The Petitioner is the wife of Late K.Ganesan who is one of the beneficiaries under the Will of the deceased and as mentioned in the Will.
(d). The deceased bequeathed his estate to his children namely Son K.Ganesan and daughter Poongothai who are not alive and their respective legal heirs succeed to the estate and all the surviving legal heirs are parties to the petition. The petitioner being of the beneficiaries is entitled to the grant of the letter of administration with the Will annexed in her favour.
(e). The amount of assets which are likely to come to the Petitioner's hands does not exceed in the aggregate the sum of Rs.40,00,000/- (Rupees Forty Lakhs Only) and the net amount of the said assets, after deducting all Page No.3/10 https://www.mhc.tn.gov.in/judis/ O.P.No.115 of 2021 the items which the petitioner is bylaw allowed to deduct, is only of the value of Rs.40,00,000/- (Rupees Forty Lakhs Only).
(f).The petitioner has impleaded all next to kin or other persons interested as party/respondents. There is no next of kin or other person interested to be impleaded.
(g).The petitioner undertakes to duly administer the property and credits of the deceased P.Kannan, any way concerning his Will by paying first his debts and the legacies therein bequeathed and so far as the assets will extend and to make a full and true inventory thereof and exhibit the same in this Court within six months from the date of the grant to the petitioner and also to render to this Court a true and proper account of the said properties and credits within one year from the said date.
(h). No application has been made to any any District Court or Courts, delegate or to any other High Court for the Probate of any Will of the deceased or Letters of Administration with or without the Will Attached Page No.4/10 https://www.mhc.tn.gov.in/judis/ O.P.No.115 of 2021 of his properties and credits. Hence, for the above reasons, the petitioner has filed the present Original Petition (O.P) for the relief stated supra.
3. The petitioner examined herself as P.W.1 and filed Exs.P-1 to P-
15. Ex.P-1 is the original unregistered Will and Testament dated 16.11.2011 executed by the deceased P.Kannan, which has been attested by two attesting witnesses, namely (i) Mr. G.Venkatesan and (ii) Mr.N.Ramesh. Ex.P-2 is the computer generated Death Certificate of the deceased, who died on 16.11.2011. Ex.P-3 is the computer generated death certificate of Vanaja, who died on 04.10.1997. Ex.P.4 is the computer generated death certificate of Vanaja, who died on 08.11.2018. Ex.P5 is the computer generated death certificate of K.Ganesan, who died on 04.08.2013. Ex.P6 is the photocopy of the Legal Heirship Certificate dated 23.10.1997 in respect of K.Vanaja (Original is not produced. Counsel for the petitioner insisted for marking of the photocopy of this document. Admissibility and evidentiary value of this document will be decided later.). Ex.P7 is the photocopy of the certified copy of the Legal Heirship certificate dated 24.10.2013 in respect of the deceased K.Ganesan (Marked after comparing Page No.5/10 https://www.mhc.tn.gov.in/judis/ O.P.No.115 of 2021 and verifying with the original certified copy document as exhibit. Admissibility and evidentiary value of this document will be decided later). Ex.P8 is the computer generated Legal Heirship Certificate dated 30.11.2018 in respect of K.Poongothai. Ex.P9 is the photocopy of the Sale Receipt dated 12.09.1965 (Original is not produced. Counsel for the petitioner insisted for marking of the photocopy of this document. Admissibility of evidentiary value of this document will be decided later). Ex.P10 is the consent affidavit given by the 1st respondent. Ex.P11 is the consent affidavit given by the 2nd respondent. Ex.P12 is the consent affidavit given by the 3rd respondent. Ex.P13 is the affidavit of assets showing the net value of the estate as Rs.40,00,000/-. Ex.P14 is a copy of paper publication effected in one issue of Tamil daily “Makkal Kural” dated 23.07.2021. Ex.P15 is a copy of paper publication effected in one issue of English daily “Trinity Mirror” dated 30.07.2021.
4. One of the attestors to the Will was examined as P.W.2, namely N.Ramesh. In his evidence, P.W.2 has stated that on 16.11.2011, he was present along with G.Venkatesan at the house of the deceased and the said Page No.6/10 https://www.mhc.tn.gov.in/judis/ O.P.No.115 of 2021 deceased set affix his left thumb impression at the foot of the testimentory paper annexed and marked with the letter 'A' and declare and publish the same as and for his last Will and Testament. The affixed left thumb impression at the foot of the testamentary paper as of the party executing the same is in the proper impression of the said deceased P.Kannan and the signature subscribed and written at the foot of the said testamentary paper are of the parties attesting execution of the same are in the proper and respective handwritings of G.Venkatesan and of him. At the time of the said deceased namely P.Kannan, so subscribed affixed his left thumb impression with proper impression in the said Will as aforesaid, he was of sound and disposing state of mind, memory and understanding and to the best of his belief made and published the same of his free will and pleasure. Ex.P-16 is the affidavit filed in that regard by P.W.2.
5. Heard the learned counsel appearing for the petitioner and perused the materials available on record. Though the names of the respondents have been printed in the cause list and newspaper publication has also been effected, there is no representation for the respondents, either through a Page No.7/10 https://www.mhc.tn.gov.in/judis/ O.P.No.115 of 2021 counsel or in person.
6. Considering the averments made in the petition and on perusing the materials available on record, this Court is satisfied that the petitioner is entitled for issuance of Letters of Administration as prayed for.
7. Accordingly, this petition is ordered as prayed for. Registry is directed to issue Letters of Administration in favour of the petitioner having effect throughout the State of Tamil Nadu, he being the beneficiary/legatee under the Will of the deceased. As undertaken by the petitioner, the petitioner is directed to duly administer the properties and credits of the deceased in any way concerning his Will by paying first his debts and then the legacies therein bequeathed, so far as the assets will extend and to make a full and true inventory thereof and exhibit the same in this Court within six months from the date of the grant of Letters of Administration with the Will annexed to the petition. The petitioner is also directed to execute a security bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) in favour of the Assistant Registrar (O.S.-II), High Court, Madras. As Page No.8/10 https://www.mhc.tn.gov.in/judis/ O.P.No.115 of 2021 undertaken by the petitioner, the petitioner is directed to render this Court a true and correct accounts within one year from the date of grant of Letters of Administration.
20.10.2021 jvm Page No.9/10 https://www.mhc.tn.gov.in/judis/ O.P.No.115 of 2021 V. PARTHIBAN, J ak O.P.No.115 of 2021 20.10.2021 Page No.10/10 https://www.mhc.tn.gov.in/judis/