Madras High Court
T.S.Ramachandran vs G.Elangovan on 20 January, 2015
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 20.01.2015 CORAM THE HON'BLE MR.JUSTICE R.SUBBIAH O.P.No.271 of 2013 and T.O.S.No.25 of 2013 (O.P.No.34 of 2013) T.S.Ramachandran ...Petitioner in O.P.No.271 of 2013 ...Respondent in T.O.S.No.25 of 2013 Vs. G.Elangovan ...Respondent in O.P.No.271 of 2013 ...Petitioner in T.O.S.No.25 of 2013 Prayer:- Original Petition No.271 of 2013 has been filed under Section 232, 255 & 276 of the Indian Succession Act read with Order XXV Rule 5 of the Original Side Rules praying to grant Letters of Administration with the Will dated 28.03.2011 in favour of the petitioner herein. T.O.S.No.25 of 2013 (O.P.No.34 of 2013) has been filed under Sections 232 & 276 of Indian Succession Act and under Order XXV Rule 5 of Original Side Rules praying to grant Letters of Administration in favour of the petitioner viz., G.Elangovan in respect of the Will dated 21.01.2011 executed by the deceased T.S.Kannan. Appearance:- Mr.S.Rajendra Kumar (for petitioner in OP & for respondent in TOS) Mr.R.Sankarasubbu (for respondent in OP & for petitioner in TOS) COMMON ORDER
Original Petition No.271 of 2013 has been filed under Section 232, 255 & 276 of the Indian Succession Act read with Order XXV Rule 5 of the Original Side Rules praying to grant Letters of Administration with the Will dated 28.03.2011 in favour of the petitioner herein viz., T.S.Ramachandran, in respect of the Will executed by the deceased T.S.Kannan, on 23.08.2011.
2.The case of the petitioner in O.P.No.271 of 2013 viz., T.S.Ramachandra is that the testator T.S.Kannan is his paternal uncle ( ie., petitioner's father's younger brother). The testator T.S.Kannan died on 19.05.2011 as a bachelor at KHM Hospital, AB-14, 6th Main Street, Anna Nagar, Chennai. The testator T.S.Kannan was ordinarily residing at No.W-109/13, Vanavil Apartment, Anna Nagar West Extension, Chennai. At the time of his death, the testator left the petition schedule mentioned properties within the state of Tamil Nadu and within the jurisdiction of this Court. The testator executed his last Will and testament on 28.03.2011 in the presence of witnesses. The petitioner is the beneficiary under the said Will. The parents of the deceased Testator had already predeceased him and the petitioner is the nearest relative, who had taken care of the deceased during his old age and therefore, it was the intention of the testator to bequeath the properties under the said Will to the petitioner. The net value of the assets is Rs.77,78,000/- as per the affidavit of the assets. No executor has been appointed under the said Will. As per the said Will, the petitioner is the only beneficiary under the Will. The petitioner undertakes to duly administer the property and credits of the testator by paying first his debts and then the legacies herein bequeathed.
3.The respondent herein viz., G.Elangovan had filed a Original Petition being O.P.No.34 of 2012, which has been subsequently converted into T.O.S.No.25 of 2013. The respondent G.Elangovan filed the said Petition claiming right under the Will dated 21.01.2011 executed by the deceased T.S.Kannan.
4.Subsequently, the matter was referred to Mediation and Conciliation Center. Pursuant to the Mediation, both parties agreed to settle the matter amicably and entered into a compromise. Thereafter, T.O.S.No.25 of 2013 has been withdrawn and to that effect, the learned counsel appearing for the respondent herein, (petitioner in TOS) has made an endorsement in the TOS withdrawing the TOS. Thereafter, evidence of the petitioner G.Elangovan was recorded.
5.The petitioner T.S.Ramachandran, who was examined himself as P.W.1, has reiterated the averments in the petitioner and filed the following documents_ (1)Ex.P.1 Original unregistered Will dated 28.03.2011 executed by deceased T.S.Kannan;
(2)Ex.P.2 Computer generated copy of the death certificate of the testator T.S.Kannan, who died on 19.05.2011;
(3)Ex.P.3 Affidavit of assets showing the net value of the estate for Rs.77,78,000/-;
(4)Ex.P.4 Memorandum of Compromise dated 01.08.2002;
(5)Ex.P.5 - Affidavit given by the respondent G.Elangovan;
(6)Ex.P.6 Paper Publication effected in one issue of English Daily News Today dated 04.01.2014;
(7)Ex.P.7 Copy of the paper publication effected in one issue of Tamil daily Malai Sudar dated 11.01.2014.
6.One of the attesting witnesses to the Will dated 28.03.2011, viz. Mr.S.R.Govindasamy (first attesting witness) has been examined as P.W.2 and he in his evidence stated that he knew the testator T.S.Kannan, as he was his neighbour and he was well acquainted with the signature of the testator T.S.Kannan. P.W.2 further deposed that the testator executed his last Will and Testament on 28.03.2011 (Ex.P.1) in his presence and in the presence of one Ms.R.Devi. P.W.2 has further deposed that he subscribed his signature as the first attesting witness in the said Will (Ex.P.1) along with Ms.R.Devi, who attested the Will as the second attesting witness, in the presences of the Testator. Further, the testator T.S.Kannan was in a sound and disposing state of mind, memory and in good health at the time of execution of Ex.P.1-Will. P.W.2 filed his affidavit to that effect and it is marked as Ex.P-8.
5. From the above evidence, both oral and documentary, this Court is of the view that the petitioner is entitled to the relief prayed for in the original petition.
In result,
(i) the Original Petition No.271 of 2013 is allowed and Letters of Administration is ordered to be issued in favour of the petitioner T.S.Ramachandran.
(ii) The petitioner T.S.Ramachandran is directed to execute a personal 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.104.
(iii)In view of the endorsement of withdrawal made by the learned counsel for the petitioner in T.O.S.No.25 of 2013 (respondent in O.P.No.271 of 2013), TOS.No.25 of 2013 is dismissed as withdrawn.
20.01.2015 ssv R.SUBBIAH, J., ssv O.P.No.271 of 2013 and T.O.S.No.25 of 2013 (O.P.No.34 of 2013) DATED: 20.01.2015