Madras High Court
R.Ishwarya vs S.Kannanraj
Author: V. Parthiban
Bench: V.Parthiban
Order dated 17.08.2021 in O.P.No.88 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.08.2021
Coram:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
Original Petition No.88 of 2020
R.Ishwarya, D/o Mr.R.Ramesh .. Petitioner
Vs.
1. S.Kannanraj, S/o N.Subbaiah
2. K.Shanmugapriya, W/o Kannan Raj
3. K.Sensun Pradeep, S/o Kannanraj
4. A.Sathish, S/o A.S.Ayyadurai Nadar
5. S.Ponmalar, W/o A.Sathish
6. S.Shreesanthosh, Minor rep. by his father Mr.I.Sathish
7. A.Suresh, S/o Ayyadurai Nadar
8. S.Nivetha, W/o A.Suresh
9. S.Vigneshwar, S/o A.Suresh
10. A.S.Ayyadurai Nadar, S/o Late Shanmugasamy Nadar
11. R.Rajeswari, W/o Mr.S.A.Rajendiran .. Respondents
Original Petition filed under Sections 232, 255 and 276 of the Indian
Succession Act, 1925, and Order XXV Rule 5 of the Original Side Rules of
this Court, praying to grant Letters of Administration with the Will in
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Order dated 17.08.2021 in O.P.No.88 of 2020
favour of the petitioner R.Ishwarya/beneficiary legatee under the Will of the
deceased R.Leelavathi, having effect and limited to the State of Tamil Nadu
and limited to the properties mentioned in the affidavit of assets.
Schedule of property
Item No.1 of the Will property (property given to petitioner R.Ishwarya):
All that piece and parcel of land measuring 778.125 Sq.Ft. with first floor
building thereon at the Southern side in New Survey No.1017/98, bearing
Door No.7, New Door No.21, Singara Garden, 5th Lane, Old
Washermenpet, Chennai-600 021, electricity connection, water and drainage
connections etc., bounded on :
East by : Item No.2 of the Will property
West by: Road leading from South to North
North by: Item Nos.2 and 3 of the Will properties and common passage
South by: House belongs to Thirupathy Manimegalai and wall running from
East to West.
ad-measuring East to West = 37-1/2 feet
North to South : 20-3/4 feet
(in all totalling 778.125 Sq.Ft. (72.29 Sq.mts).
Together with 1/4th right over the common passage measuring East to West
11-3/4 feet, South to North 8 feet in all together 94 Sq.Ft. (8.733 Sq.Mts)
comprised in Survey No.1017/98, bounded on
West by : Street running form South to North
East by : Item No.3 of the Will property
South by : Item No.1 of the Will schedule 1 property
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Order dated 17.08.2021 in O.P.No.88 of 2020
North by : Item No.1 of the Will schedule 3 property
and common plot with 1/4th right over the common area measuring East to
West 21-3/4 feet, South to North 17-3/4 feet in all together 386.07 Sq.Ft.
(35.87 Sq.Mts) comprised in Survey No.1017/98, bounded on
West by : Common passage leading to Item No.2 of the Will
Schedule 1 property and item No.1 of the Will schedule 3 property
North by : Item No.1 of the Will
Schedule 3 property and item No.1 of the Will
Schedule 4 property
South by : Item No.1 of the Will
Schedule 1 property and item No.1 of the Will
Schedule 2 property
North by : Item No.1 of the Will
Schedule 4 property.
======================================================
For petitioner : Mr.P.Dhananjayan
For respondents: No appearance
ORDER
This Petition has been filed to grant Letters of Administration with Page No.3/16 https://www.mhc.tn.gov.in/judis/ Order dated 17.08.2021 in O.P.No.88 of 2020 the Will in favour of the petitioner R.Ishwarya/beneficiary legatee under the Will of the deceased R.Leelavathi, having effect and limited to the State of Tamil Nadu and limited to the properties mentioned in the affidavit of assets.
2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.
3. In the petition, it is stated as follows:
(a) one Mrs.R.Leelavathi, who was residing at No.21, 5th Street, Singarathottam, Old Washermenpet, Chennai-600 021, was the lawful owner of item Nos.1 to 4 of the schedule mentioned properties within the jurisdiction of this Court. Mrs.R.Leelavathi and her husband V.Rathina Nadar have jointly purchased the vacant land measuring one ground and 875 Sq.Ft. (3275 Sq.Ft) in New Survey No.1017/98, situated at Old Door No.7, New No.21, Singarathottam 5th lane, Old Washermenpet, Chennai-
600 021, by way of registered sale deed bearing Doc.No.3335/1969 and they have constructed the building thereon and they have been in possession and enjoyment of the same by paying necessary property tax and other statutory dues to the Government. Mrs.Leelavathi has possessed of and left Page No.4/16 https://www.mhc.tn.gov.in/judis/ Order dated 17.08.2021 in O.P.No.88 of 2020 her properties in Chennai and died in Chennai on 15.11.2010. Mr.Rathina Nadar died intestate on 02.07.2007, leaving behind his wife Mrs.Leelavathi as his only surviving legal heir. The said Mr.Rathina Nadar and his wife Mrs.Leelavathi have no issues. The father and mother of the said Mr.Rathina Nadar pre-deceased him and therefore, Mrs.Leelavathi has got exclusive and absolute right over the said property. The said Mrs.Leelavathi has got one sister Mrs.Rajeswari and brother Mr.A.S.Ayyadurai Nadar, who are Class-II legal heirs and both of them are parties to this petition.
(b) One R.Ramesh is the only son of Mrs.R.Rajeswari (11th respondent) and Mr.S.A.Rajendiran. The said R.Ramesh died on 08.12.2016 leaving behind him the petitioner (daughter) and Mrs.R.Jaya (wife) as his surviving legal heirs. The first respondent is the husband of the second respondent. The second respondent is the daughter of Mr.Ayyadurai Nadar (10th respondent) who is the own brother of Mrs.Leelavathi and Mrs.R.Rajeswari (testatrix). The third respondent is the daughter of the first and second respondents. The fourth respondent is the son of Mr.Ayyadurai Nadar. The fifth and sixth respondents are wife and daughter of the fourth respondent. The seventh respondent is also the son of Mr.Ayyadurai Nadar. Page No.5/16 https://www.mhc.tn.gov.in/judis/ Order dated 17.08.2021 in O.P.No.88 of 2020 The respondents 8 and 9 are the wife and son of the seventh respondent. There are no Class-II legal heirs to the husband of the deceased. The family genealogy is as below:
V.Rathina Nadar - died intestate on 02.07.2007 | R.Leelavathi - wife died on 15.11.2010 (Class II legal heir of the testatrix Mrs.R.Leelavathi) _________________________|____________________ | | Mrs.Rajeswari (sister) Mr.Ayyadurai Nadar (brother) | | | -----------------------------------------
| | | |
R.Ramesh (died on 08.12.2016) Shanmugapriya A.Sathish A.Suresh
| | | |
R.Ishwarya Senson Pradeep S.Shree Santhosh Vigneshwar
(c) Since there was no issue to Mrs.Leelavathi out of wed-lock with V.Rathna Nadar, they have been too much attached with Leelavathi's sister Mrs.Rajeswari and brother Mr.Ayyadurai Nadar and their children and grand-children who have taken care of Mrs.Leelavathi and her husband. Page No.6/16
https://www.mhc.tn.gov.in/judis/ Order dated 17.08.2021 in O.P.No.88 of 2020 Since the petitioner's family and the respondents have supported Mrs.Leelavathi and her husband by maintaining them and safeguarding their properties, the testatrix and her husband have performed marriage and various functions to the testatrix's sister's son and brother's sons and daughter. The testatrix had treated her sister's grand-daughter and brother's grand-sons as her adopted daughter and sons and therefore, even after the death of the testatrix's husband, the petitioner's family and the respondents, have been jointly protecting the testatrix and safeguarding her properties. The testatrix's husband Mr.Rathina Nadar died intestate on 02.07.2007, leaving behind him the testatrix R.Leelavathi as his only surviving legal heir.
(d) The testatrix has executed the Will, dated 13.03.2010 to and in favour of the petitioner and the respondents 3, 6 and 9 and the same was registered as Document No.19/2010/Book-III, dated 13.03.2010 in the Office of the Sub-Registrar, Keelur, Tuticorin. No executor is appointed in this Will. As per the said Will, dated 13.03.2010, all that piece and parcel of the land measuring 778.125 Sq.Ft. (37-1/2 Sq.Mts) and the building thereon at the Southern side in New Survey No.1017/98, bearing Door No.7, New Page No.7/16 https://www.mhc.tn.gov.in/judis/ Order dated 17.08.2021 in O.P.No.88 of 2020 Door No.21, Singara Garden 5th Lane, Old Washermenpet, Chennai- 600021 as more fully described in the schedule hereunder, shall go to the petitioner's father R.Ramesh with limited interest to collect the incomes and enjoy the same and thereafter, it shall go to the petitioner with absolute rights. The petitioner's father R.Ramesh and mother R.Jaya have been appointed as guardian to the petitioner as the petitioner was minor when the Will was executed and now the petitioner had become major.
(e) Similarly, item 2 of the Will schedule mentioned property was given to and in favour of the second respondent with limited interest to collect the incomes and enjoy the property and thereafter, the said item 2 of the property shall go to the third respondent with absolute rights. The first and second respondents who are the father and mother of the third respondent, have been appointed as guardian to the third respondent.
(f) Similarly, item 3 of the Will Schedule mentioned property was given to and in favour of fourth respondent with limited interest to collect the incomes and enjoy the property and thereafter, the said item 3 of the property shall go to the sixth respondent with absolute rights. The fourth and fifth respondents who are the father and mother of the sixth respondent, Page No.8/16 https://www.mhc.tn.gov.in/judis/ Order dated 17.08.2021 in O.P.No.88 of 2020 have been appointed as guardian to the third respondent.
(g) Similarly, item 4 of the Will schedule mentioned property was given to and in favour of seventh respondent with limited interest to collect the incomes and enjoy the property and thereafter, the said item 4 of the property shall go to ninth respondent with absolute rights. The seventh and eighth respondents who are the father and mother of the ninth respondent, have been appointed as guardian to the ninth respondent. The 11th respondent is the mother of R.Ramesh, who died on 08.12.2016, leaving behind him Mrs.R.Jaya (wife), the petitioner (daughter) and the 11th respondent as his surviving legal heirs.
(h) Mrs.Leelavathi died on 15.11.2010 and therefore, her last Will which was registered as Document No.19/2010 in the Office of the Sub- Registrar, Tuticorin, had come to effect. There is no executor of the Will of Late Mrs.Leelavathi, dated 13.03.2010 and therefore, the petitioner is seeking an order for the grant of Letters of Administration.
(i) As per the Will executed by Mrs.Leelavathi, her entire properties devolve on the petitioner and respondents 3, 6 and 9 who are the beneficiaries under the Will. Therefore, the petitioner has now come before Page No.9/16 https://www.mhc.tn.gov.in/judis/ Order dated 17.08.2021 in O.P.No.88 of 2020 this Court for grant of Letters of Administration for the Will executed by Mrs.Leelavathi. The properties mentioned in the Will are situated within the city limits of Chennai and within the jurisdiction of this Court.
(j) The writing hereunto annexed and shown to the petitioner and marked with Letter 'A' is the last Will and testatment of the said Mrs.Leelavathi and it was duly executed on 13.03.2010 at Tuticorin in the presence of witness whose name appear at the foot thereof and as the last Will is available with the petitioner, she is filing the said Will marked in Letter 'A'.
(k) The value of the assets which are likely to come into the petitioner's hands does not exceed in the aggregate a sum of Rs.67,50,000/- and the net amount of the said assets after deducting all the items which the petitioner is by law allowed to deduct, is only of the value of Rs.67,50,000/-.
(l) The petitioner undertakes to duly administer the property and credits of the said Leelavathi and in any way concerning her Will by paying first her debts and then the legacies therein bequeathed so far as the assets will extend and to make full and true inventory thereof and exhibit the same Page No.10/16 https://www.mhc.tn.gov.in/judis/ Order dated 17.08.2021 in O.P.No.88 of 2020 in this Court within six months from the date of grant of Letters of Administrator with the Will annexed to the petition and also render to this Court a true account of the said property and credits within one year from the said date.
(m) The petitioner, her mother and the respondents are jointly enjoying the Will properties without any conflicts and there was no necessity to approach this Court to obtain the grant of Letters of Administrator. Hence, there is delay in filing O.P. for grant of Letters of Administration. In fact, when the father of the petitioner R.Ramesh was alive, the said R.Ramesh, his wife and the petitioner have filed O.P.D.No.36167 of 2016 for grant of Letters of Administration, which was returned by the Office on 19.12.2016 for certain compliances. The father of the petitioner was suffering due to ill-health and finally, he died on 08.12.2016. After the death of the father of the petitioner, she has lost her only male support and bread-winner of her family. In these circumstances, the petitioner was also suffering due to ill-health due to unbearable mental and physical torture and was not able to pursue the case. Hence, there is a delay in filing the present O.P., which is neither wilful nor wanton, but due Page No.11/16 https://www.mhc.tn.gov.in/judis/ Order dated 17.08.2021 in O.P.No.88 of 2020 to bona-fide reasons stated above.
(n) The petitioner has impleaded all the next of kin or other persons interested as a party/respondents and there is no next of kin or other person interested to be impleaded.
(o) 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 for Letters of Administration with or without the Will annexed to her properties and credits.
(p) Though the Will was executed on 13.03.2010, the testatrix had chosen to register the Will on the same day.
Hence, the petitioner had filed the present Original Petition (O.P) for the relief stated supra.
4. The petitioner, who examined herself as P.W.1, reiterated the averments made in the petition and filed Exs.P-1 to P-21. Ex.P-1 is the original sale deed dated 27.08.1969 in favour of V.Rathina Nadar and R.Lelavathy. Ex.P-2 is the computer generated Death Certificate of V.Rathinam, who died on 02.07.2007. Ex.P-3 is the original Will and Page No.12/16 https://www.mhc.tn.gov.in/judis/ Order dated 17.08.2021 in O.P.No.88 of 2020 testament dated 13.03.2010 executed by R.Lelavathy, which has been attested by two attesting witnesses, namely (i) Mr.G.Mariappan and (ii) Mr.R.Maravarman. Ex.P-4 is the computer generated Death Certificate of R.Lelavathy, who died on 15.11.2010. Ex.P-5 is the computer generated property tax receipt dated 04.02.2016 standing in the name of R.Lelavathy. Ex.P-6 is the computer generated Death Certificate of R.Ramesh, who died on 08.12.2016. Ex.P-7 is the original Legal Heirship Certificate dated 05.09.2017 in respect of Ramesh. Ex.P-8 is the affidavit of assets showing the net value of the estate as Rs.67,50,000/-. Ex.P-9 is the consent affidavit given by the first respondent. Ex.P-10 is the consent affidavit given by the second respondent. Ex.P-11 is the consent affidavit given by the third respondent. Ex.P-12 is the consent affidavit given by the fourth respondent. Ex.P-13 is the consent affidavit given by the fifth respondent. Ex.P-14 is the consent affidavit given by the sixth respondent. Ex.P-15 is the consent affidavit given by the seventh respondent. Ex.P-16 is the consent affidavit given by the eighth respondent. Ex.P-17 is the consent affidavit given by the ninth respondent. Ex.P-18 is the consent affidavit given by the tenth respondent. Ex.P-19 is the consent affidavit given by the 11th respondent. Page No.13/16 https://www.mhc.tn.gov.in/judis/ Order dated 17.08.2021 in O.P.No.88 of 2020 Ex.P-20 is a copy of the paper publication effected in one issue of Tamil daily "Makkal Kural" dated 10.04.2021. Ex.P-21 is a copy of the paper publication effected in one issue of English daily "Trinity Mirror", dated 20.04.2021.
5. One of the attestors of the Will was examined as P.W.2. In his evidence, P.W.2 has stated that he knew about the facts relating to the Will, which was executed by Mrs.R.Lelavathy. The Will was executed by Mrs.R.Lelavathy in favour of her nephew and nieces, totally, 4 shares. At the time of execution of the Will and registration of the Will, P.W.2 was present. The testatrix Mrs.R.Lelavathy signed in front of P.W.2 and another person G.Mariappan. P.W.2 had signed as second witness in the said Will. P.W.2 accepted that the signature found in the witness column No.2 is that of his. All the consent affidavits have been filed by the respondents stating no objection. P.W.2 has filed his affidavit in that regard as attesting witness and Ex.P-22 is his affidavit. Ex.P-23 is the photocopy of P.W.2's Aadhar Card bearing No.3223 7837 9831.
6. Considering the averments made in the petition and on perusing the materials available on record, this Court is satisfied that the petitioner is Page No.14/16 https://www.mhc.tn.gov.in/judis/ Order dated 17.08.2021 in O.P.No.88 of 2020 entitled to for issuance of Letters of Administration as prayed for.
7. Accordingly, this petition is ordered. Registry is directed to issue Letters of Administration in favour of the petitioner. The petitioner is directed to duly administer the properties and credits of the deceased. 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. The petitioner is further directed to render true and correct accounts once in a year.
17.08.2021 cs Page No.15/16 https://www.mhc.tn.gov.in/judis/ Order dated 17.08.2021 in O.P.No.88 of 2020 V. PARTHIBAN, J cs O.P.No.88 of 2020 (Letters of Administration) 17.08.2021 Page No.16/16 https://www.mhc.tn.gov.in/judis/