Madras High Court
G.Subramanian vs G.Parvatha on 2 March, 2020
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
O.P.No.898 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2020
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
O.P.No.205 of 2019
G.Subramanian ...Petitioner
Vs.
1. G.Parvatha
2. P.Vanaja
3. G.Premakumari
...Respondents
Original Petition filed under Section 232, 237 and 276 of the Indian
Succession Act, 1925, read with under Order XXV Rule 5 of the Original
Side Rules, praying that the Letters of Administration with the certified
copy of the Will annexed of the properties and credits of the deceased to
the petitioner as Sister's son/beneficiary under the Will of the deceased
having effect limited to the State of Tamil Nadu.
For Petitioner : Mr.V.Umashankari
ORDER
This petition is filed for the grant of Letters of Administration with the Will annexed to the petitioner.
2. I heard the learned counsel for the petitioner. In spite of effecting service on the respondents, there is no appearance for the respondents. Their names are also printed in the cause list. http://www.judis.nic.in 1 O.P.No.898 of 2019
3. The learned counsel for the Petitioner submitted that the petitioner is the sister's son of the deceased Testatrix, namely, Mrs.Jayammal. She submitted that the Testatrix ordinarily resided at No.64, Rama Naicken Street, Chennai-34, which is within the jurisdiction of this Court. The learned counsel further submitted that the husband of the Testatrix, the late Mr.V.Subbaraya Iyer, pre-deceased the Testatrix and that the couple did not have children. The Testatrix executed the last Will and Testament dated 11.12.1978, and the said document was registered before the Sub Registrar, Thyagaraya Nagar, as document No.85 of 1978. The Testatrix died on 12.06.1979.
4. The learned counsel for the petitioner also pointed out that the original Will was lost at Thirumullaivoyal Bazaar Road and that a Police complaint was lodged in that regard on 21.09.2018. Pursuant thereto, a non-traceable certificate was issued by the Inspector of Police, T-10, Thirumullaivoyal Police Station, Chennai-62, on 12.10.2018. The public notice was also published both in a Tamil and English daily newspaper notifying the public that the original Will was misplaced. In Paragraph No.7 of the petition, the learned counsel pointed out that the petitioner stated that the Will was kept by the petitioner's mother, Mrs.Seethammal, and that it was discovered only recently after the death of the petitioner's mother.
http://www.judis.nic.in 2 O.P.No.898 of 2019
5. In order to prove the Will, the learned counsel for the Petitioner submitted that the petitioner was examined as P.W.1. During the course of the examination-in-chief of P.W.1, the following 17 documents were exhibited as Ex.P1 to Ex.P14:
Sl.
No. Description of documents
1 Ex.P1 The computer generated death certificate of
S.Jayammal, who died on 12.06.1979
2 Ex.P2 The certified copy of last Will and Testament dated
11.12.1978 executed by Mrs.S.Jayammal
registered as Document No.85 of 1978 at SRO, T.Nagar.
3 Ex.P3 The photocopy of the Sale Deed dated 07.06.1944 registered as Document No.127 of 1944 at SRO, T.Nagar.
4 ExP4 The computer generated death certificate of Seethalakshmi, who died on 15.06.1993. 5 Ex.P5 The computer generated death certificate of Vijayalakshmi, who died on 14.03.1995. 6 Ex.P6 The computer generated legal heirship certificate dated 26.07.2018 in respect of Seethammal. 7 Ex.P7 The photocopy of non-traceable certificate dated 12.10.2018 given by the Inspector of Police, Thirumullaivoyal, Chennai-62, in respect of the original Will.
8 Ex.P8 The photocopy of paper publication in Tamil daily ''Makkal Kural'' dated 09.09.2018 in respect of the original lost Will.
9 Ex.P9 The photocopy of paper publication in English daily ''Trinity Mirror'' dated 09.09.2018 in respect of the original lost Will.
http://www.judis.nic.in 3 O.P.No.898 of 2019 Sl.
No. Description of documents
10 Ex.P10 The The computer generated extract from the
Town Survey Land Register dated 25.08.2018. 11 Ex.P11 The photocopy of property tax card held by the deceased S.Jayammal.
12 Ex.P12 The photocopy of Chennai Water Supply and Sewerage Board card in respect of the property held by the deceased S.Jayammal.
13 Ex.P13 The photocopy of the petitioner's Aadhaar card bearing No.2944 8911 1723, 14 Ex.P14 The photocopy of the Encumbrance Certificate dated 05.06.2018 in respect of the Will mentioned property.
15 Ex.P15 The affidavit of assets showing the net value of the estate as Rs.38,00,000/-
16 Ex.P16 A copy of paper publication effected in one issue of Tamil daily ''Makkal Kural'' dated 01.11.2019. 17 Ex.P17 A copy of paper publication effected in one issue of English daily ''Triniry Mirror'' dated 13.11.2019.
6. In addition, evidence was adduced through one of the attesting witnesses, namely, Mr.T.Govindasamy, who was examined as P.W.2. The said attesting witness deposed that he knew the Testatrix for a long time because she was a neighbour and resided opposite to his house. He further deposed that the last Will and Testament was executed on 11.12.1978 in his presence and in the presence of the other attesting witness, namely, Mrs.S.Kamalakshi. He also deposed that the Testatrix was in a sound and disposing state of mind, memory and understanding at the time of execution of Ex.P2 the Will.
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7. Based on the aforesaid, the learned counsel for the petitioner submitted that the Will had been proved in accordance with law and that the petitioner is entitled to the grant of Letters of Administration.
8. I considered the submissions of the learned counsel and examined the evidence recorded in this case. I find that the death certificate of the Testatrix has been marked as Ex.P1 and this document evidences that the Testatrix died on 12.06.1979. The certified copy of the last Will and Testament dated 11.12.1978 has been marked as Ex.P2. On perusal, I find that this document was registered as Document No.85 of 1978 at the Office of the Sub Registrar, Thiyagaraya Nagar. I also find that the Will was executed in the presence of Mrs.Kamalakshi and Mr.T.Govindasamy. The delay in filing the petition has been explained in paragraph 7 of the petition. The non-traceable certificate dated 12.10.2018 issued by the Inspector of Police, Thirumullaivoyal, Chennai-62, in respect of the loss of the original Will has been marked as Ex.P7 and this document evidences that a complaint was lodged on 21.09.2018 with regard to the loss of the original Will. It further certifies that in spite of taking efforts, the original Will could not be traced. The paper publications in respect of the loss of the original Will have been marked as Exs.P8 and P9 and these relate to the publications in the http://www.judis.nic.in 5 O.P.No.898 of 2019 Tamil daily ''Makkal Kural'' and the English daily ''Trinity Mirror'' issue dated 09.09.2018 notifying the loss of the original Will. One of the attesting witnesses, namely, Mr.T.Govindasamy was examined as P.W.2. From the evidence of P.W.2, I find that he deposed that he was well acquainted with the Testatrix because he resided opposite her house. He also deposed that the last Will and Testament dated 11.12.1978 was executed in his presence and in the presence of the other attesting witness, namlely, S.Kamalakshi. In addition, he deposed that the Testatrix was in a sound, disposing state of mind, memory and understanding at the time of execution of Ex.P2 the Will.
9. Upon examining the aforesaid evidence, I find that the petitioner has proved the Will in accordance with law. Consequently, this Original Petition is allowed by directing that the Letters of Administration be granted to the petitioner with the certified copy of the Will annexed.
10. The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) in the name of the Assistant Registrar (Original Side), High Court of Madras. http://www.judis.nic.in 6 O.P.No.898 of 2019
11. The petitioner shall also file a true inventory of the property and credits and also true accounts within a period of six months and one year, respectively, from the date of grant of Letters of Administration.
02.03.2020 Speaking (or) Non Speaking Order Index : Yes/ No Internet : Yes rli http://www.judis.nic.in 7 O.P.No.898 of 2019 SENTHILKUMAR RAMAMOORTHY, J.
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