Madras High Court
Mr.Ct.Nachiappan vs Umayal Achi ...Caveator on 6 August, 2021
Author: R.Subramanian
Bench: R.Subramanian
TOS.No.57 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
TOS.No.57 of 2016
Mr.CT.Nachiappan
son of Late RM.VR.CT.Chidambaram Chettiar
No.32, Luz Avenue,
Mylapore, Chennai – 600004. ...Plaintiff
Vs.
1.Umayal Achi ...Caveator
2.VR.Lakshmi
3.VR.Nachiappan
4.VR.Periakarappan
5.VR.Vallikannu
(Defendants 2 to 5 impleaded as legal heirs of
C.T.Veerappan (R1 in OP.NO.615 of 2015,
amended as per order dated 14.07.2020 in
A.No.1113/2020, time extended on 24.08.2020) ...Defendants
Prayer: Petition for Letters of Administration filed under Section 228 & 276
of Indian Succession Act.XXXIX, 1925, seeking letters of administration
for the Will dated 12.01.1982 in Document No.12/1982 in SRO, Karaikudi
to the property and credits of the said deceased to have effect of the Union
of India may be granted to the petitioner herein.
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https://www.mhc.tn.gov.in/judis/
TOS.No.57 of 2016
For Plaintiff : Mr.N.Deivasigamani
For Caveator : Mr.M.Sriram
ORDER
The sole caveator has withdrawn her opposition and has filed a consent affidavit, expressing her no objection for grant of letters of administration with the Will annexed.
2.It is seen from the records that the Court at Singapore has granted probate to the Will of late RM.VR.CT.Chidambaram Chettiar, who died on 20.03.1994 at Chennai. The said Will has been proved before the competent Court namely, The Sub-Court, Singapore. A copy of the grant has also been produced. Apart from the same, one B.Sivakumar son of T.Balagurusamy, power agent of the plaintiff has been examined as P.W.1.
He has produced the death certificate and legal heirship certificate of Chidambaram Chettiar as well as the death certificate of C.T.Umayal Achi as Exs.P2 to P4. The certified copy of the Will with the order of probate issued by the Court at Singapore has been marked as Ex.P1. One 2/6 https://www.mhc.tn.gov.in/judis/ TOS.No.57 of 2016 Mr.CT.Muthuraaman has been examined as P.W.2. He has identified the signature of Chidambaram Chettiar, the Testator and one of the attestors.
3.In view of the said evidence, I am satisfied that the plaintiff has proved the Will and is entitled to letters of administration with the copy of the Will annexed. Accordingly, this petition is allowed. The letters of administration with the copy of the Will annexed is granted to the plaintiff.
The plaintiff shall execute a bond of Rs.25,000/-. No costs.
06.08.2021 kkn Internet:Yes Index:No Speaking List of witness examined on the side of the plaintiff:-
Mr.B.Sivakumar – PW1 Mr.CT.Muthuraaman – PW2 3/6 https://www.mhc.tn.gov.in/judis/ TOS.No.57 of 2016 List of documents filed on the side of the plaintiff:-
S.No. Description of Documents Exhibit 1 The Certified true copy of the Will dated 12.01.1982 issued by the Ex.P1 Sub-Ordinate Court, Singapore executed by Ravana Mana Vienna Rana Chidambaram Chettiar 2 The computer generated death certificate of Mr.Chidambaram Ex.P2 Chettiar, who died on 20.03.1994.
3 The Original legal heirship certificate dated 12.10.1995 in respect of Ex.P3 VR.Chidambaram Chettiar 4 The photocopy of the death certificate of C.T.Umayal Achi, who died Ex.P4 on 30.11.2000.
5 The photocopy of the death certificate of AL.Valliammai Achi, who Ex.P5 died on 08.12.2002.
6 The original death certificate of Chidambaram Periakaruppan, who Ex.P6 died on 14.02.2009.
7 The original legal heirship certificate dated 24.06.2010 in respect of Ex.P7 Chidambaram Periakaruppan.
8 The photocopy of the death certificate of J.Lakshmi, who died on Ex.P8 04.01.2015.
9 The photocopy of the sale deed dated 24.11.1974 in favour of Ex.P9 RM.VR.CT.Chidambaram Chettiar, registered as Doc.No.2100 of 1974 at SRO, Mylapore (marked after comparing and verifying with the original) 10 The photocopy of the Sale Deed dated 01.05.1937 registered as Doc.No.678 of 1937 at SRO, Karaikudi (marked after comparing and Ex.P10 verifying with the original).
11 The photocopy of the Sale Deed dated 01.05.1937 registered as Ex.P11 Doc.No.679 of 1937 at SRO, Karaikudi (marked after comparing and verifying with the original).
12 The photocopy of the Sale Deed dated 07.07.1937 registered as Ex.P12 Doc.No.1009 of 1937 at SRO, Karaikudi (marked after comparing and verifying with the original).4/6
https://www.mhc.tn.gov.in/judis/ TOS.No.57 of 2016 S.No. Description of Documents Exhibit 13 The photocopy of the Sale Deed dated 07.07.1937 registered as Ex.P13 Doc.No.1014 of 1937 at SRO, Karaikudi (marked after comparing and verifying with the original).
14 The certified copy of the grant of Probate. Ex.P14 15 (Series 40 Nos) are the photocopies of the share certificates of Tube Ex.P15 Investments of India Limited in the name of Mr.Chidhambaram Chettiar VR CT (Marked after comparing and verifying with the originals) 16 The affidavit of assets showing the net value of the estate as Ex.P16 Rs.36,20,000/-
17 A copy of paper publication effected in one issue of English daily Ex.P17 “News Today” dated 04.05.2016.
18 A copy of paper publication effected in one issue of Tamil Daily Ex.P18 “Maalai Sudar” dated 11.05.2016.
19 Affidavit of Third party witness, CT.Muthuraaman Ex.P19 List of witness examined on the side of the defendants:
Mr.VR.Periakarappan – D.W.1 List of documents filed on the side of the defendants:-
S.No. Description of Documents Exhibit 1 The notarized copy of the computer generated death certificate of Ex.D1 C.T.Veerappan, who died on 08.06.2019 2 The notarized copy of the computer generated legal heirship Ex.D2 certificate of my father C.T.Veerappan dated 15.07.2019 06.08.2021 kkn 5/6 https://www.mhc.tn.gov.in/judis/ TOS.No.57 of 2016 R.SUBRAMANIAN, J.
KKN TOS.No.57 of 2016 06.08.2021 6/6 https://www.mhc.tn.gov.in/judis/