Madras High Court
S.Ram Prasad … vs S.Ramaswamy on 12 July, 2023
O.P.No.578 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2023
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
O.P.No. 578 of 2022
S.Ram Prasad … Petitioner
Vs.
1. S.Ramaswamy
2. R.Padmavathy
3. R.Kalyana Krishanan,
4. S.Sasikala
5. B.Suguna
6. Sandhya Ravimohan .... Respondents
Original Petition is filed under Section 232 & 276 of the Indian
Succession Act, 1925 (Act XXXIX of 1925) and under 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 may be granted to
the petitioner as son / sole beneficiary / legatee under the will of deceased to
have effect limited to the State of Tamil Nadu.
For Petitioner : Mr.M.Rajasekhar
For Respondents : Mr.C.S.Nandakumar
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O.P.No.578 of 2022
ORDER
This Original Petition has been filed under Section 232 & 276 of the Indian Succession Act, 1925 (Act XXXIX of 1925) and under 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 as son / sole beneficiary / legatee.
2. The averments in the petition are as follows:-
The petitioner is the son of late G.N.Srinivasan who was the owner of the petition mentioned property. The first respondent is the husband of late S.Lalitha Ramaswamy who is one of the daughter of late G.N.Srinivasan. The second and third respondents are the children born to the first petitioner and S.Lalitha Ramaswamy and the respondents 4, 5 & 6 are the surviving daughters of deceased G.N.Srinivasan. The petition mentioned property was purchased by late G.N.Srinivasan by virtue of a sale deed vide document No.1583 of 1966 dated 08.08.1966. The said G.N.Srinivasan died on 12.04.2021. The wife of G.N.Srinivasan predeceased him on 23.11.2003.
G.N.Srinivasan had four daughters and one of the daughters by name S.Lalitha Ramaswamy died on 19.12.2020 leaving behind her husband, the first respondent herein and her childrens, the second and third respondents. https://www.mhc.tn.gov.in/judis 2/7 O.P.No.578 of 2022 The said G.N.Srinivasan died intestate by leaving the petitioner, the respondents 4, 5 & 6 as his only legal heirs. The said G.N.Srinivasan executed a Will dated 26.05.2003 by bequeathing the petition mentioned property in favour of the petitioner. One R.Krishnaswamy and N.Raghavan are the attestors of the Will.
3. The first petitioner examined himself as P.W.1 and marked Exhibits P1 to P 13 and one Ravi Krishnaswamy has been examined as P.W.2 and he has marked Ex.P14 which are tabulated hereunder:
Exhibits Documents P1 Original registered Will dated 26.05.2003 P2 Computer generated death certificate of Mrs.Bagyalakshmi P3 Computer generated death certificate of Mr.Srinivasan P4 Computer generated death certificate of Mrs.R.Lalitha P5 Computer generated legal heirship certificate of Mr.G.N.Srinivasan P6 Computer generated legal heirship certificate of Mrs.Lalitha P7 Consent affidavit of Mr.S.Ramaswamy P8 Consent affidavit of Mrs.R.Padmavathi P9 Consent affidavit of Mr.R.Kalyana Krishnan P10 Consent affidavit of Mrs.S.Sasikala P11 Consent affidavit of Mrs.B.Suguna P12 Consent affidavit of Mrs.Sandhya Ravimohan P13 Affidavit of assets showing the net value of estate as Rs.40,00,000/-
P14 Computer generated death certificate of R.Krishnaswamy https://www.mhc.tn.gov.in/judis 3/7 O.P.No.578 of 2022
4. The respondents 1 to 6 did not contest the matter but they have given consent affidavit to grant Letters of Administration in favour of the petitioner and they are marked as Exs.P.7 to P.12. The legal heirship certificate of S.Lalitha Ramaswamy which is marked as Ex.P6 would show that the respondents 1, 2 & 3 are her only legal heirs and the legal heirship certificate of G.N.Srinivasan which is marked as Ex.P5 would show that the first respondent and the respondents 4 to 6 are his only legal heirs.
5. The Will is marked as Ex.P1. Since both the attestors are no more, one Ravi Krishnaswamy, the son of one of the attestor R.Krishnaswamy who is conversant with the signature of the first attesting witness has been examined as P.W.2 and he had identified the signatures of his father who is one of attesting witness in the Will.
6. Since the respondents have given their consent in favour of the petitioner and the Will has been proved in the manner known to law, there is no difficulty in granting Letters of Administration as requested by the petitioner.
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7. Accordingly, this Original Petition is allowed by granting Letters of Administration to the petitioner with the Will dated 26.05.2003 of G.N.Srinivasan annexed thereto. Such Letters of Administration shall have effect throughout the State of Tamilnadu. The 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 petitioner is further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively.
12.07.2023 bkn Internet :Yes/No Speaking: Non speaking Neutral:Yes/ No https://www.mhc.tn.gov.in/judis 5/7 O.P.No.578 of 2022 APPENDIX Petitioner's witness:
P.W.1 – Mr.S.Ram Prasad P.W.2 – Mr.Ravi Krishnaswamy Documents marked:
Exhibits Documents
P1 Original registered Will dated 26.05.2003
P2 Computer generated death certificate of Mrs.Bagyalakshmi
P3 Computer generated death certificate of Mr.Srinivasan
P4 Computer generated death certificate of Mrs.R.Lalitha
P5 Computer generated legal heirship certificate of
Mr.G.N.Srinivasan
P6 Computer generated legal heirship certificate of Mrs.Lalitha
P7 Consent affidavit of Mr.S.Ramaswamy
P8 Consent affidavit of Mrs.R.Padmavathi
P9 Consent affidavit of Mr.R.Kalyana Krishnan
P10 Consent affidavit of Mrs.S.Sasikala
P11 Consent affidavit of Mrs.B.Suguna
P12 Consent affidavit of Mrs.Sandhya Ravimohan
P13 Affidavit of assets showing the net value of estate as
Rs.40,00,000/-
P14 Computer generated death certificate of R.Krishnaswamy
12.07.2023
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O.P.No.578 of 2022
R.N.MANJULA, J.
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O.P.No. 578 of 2022
12.07.2023
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