Madras High Court
Maria Selvakumar A.L vs Loordhanthan on 15 March, 2022
O.P.No.332 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2022
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
O.P.No.332 of 2022
1.Maria Selvakumar A.L.
2.Austin Raj
3.Leema Roslyn
4.G.Sundari
5.Mariyanka1aiselvi
6.G.Arputhanathan
7.G.Mary Fathima
8.G.Margaret Regina
9.Mariya Selvakumari
10.Deva Santha Kumari.S
11.Jeniffer Kalaiarasi.S
12.Jancy Mary Tamilarasi. S ... Petitioners
Vs
1.Loordhanthan
2.Adhisayaraj
3.Amalopavam
4.Bhavani @ Maria Rosyln
5.Williams
6.Sagaya Vijayakumari.J
7.Preetha Priyadarshini
8.J.Meritta Vinnarasi
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O.P.No.332 of 2022
9.Sabitha Selvarasi ... Respondents
PRAYER: Original Petition filed for issuance of Letters of Administration
under Section 232, 255 & 276 of the Indian Succession Act, r/w.XXV Rule
5 of the Original Side Rules, prays that the Letters of Administration with
Will annexed of the properties and credits of deceased may be granted to
the first petitioner (as consented by other petitioners) as he is one of the
sons of the deceased and that he is one of the beneficiary and also on
behalf of the minor (3'd petitioner), for the use and benefit of the minor,
until she attains the age of majority/ beneficiary under the Will of the
said deceased.
For Petitioners : Ms.T.Mathi
For Respondents : No appearance
ORDER
This Original Petition has been filed for issuance of Letters of Administration in respect of the Will dated 30.06.2006 executed by late A.Sigamani, who died on 23.02.2012. The petitioners 1 and 4 are the son and daughter, petitioners 2, 3, 5 to 9, 11 and 12 are the grandchildren, 10th petitioner is the daugther in-law, and 6th respondent is the daughter and respondents 1 to 5 are the legal heirs of the pre-deceased daughter (Siriya Pushpam) and 7 to 9 are the grandchildren of the testatrix. The 1st and 4th petitioners, 6th respondent and Late Siriya Pushpam and Susai Jayakumar https://www.mhc.tn.gov.in/judis 2/6 O.P.No.332 of 2022 has been appointed as an executors under the said Will. The 1st petitioner seeks issuance of Letters of Administration in respect of the properties situate withtin the jurisdiction of this Court.
2. The 1st petitioner has been examined as P.W.1. He has produced the death certificate of the testatrix A.Sigamani as Ex.P3. The Original Will dated 30.06.2006 has been produced as Ex.P1, and the legal heirship certificate of the testator A.Sigamani as Ex.P4. A perusal of Ex.P4 shows that the 1st and 4th petitioner and 6th respondent are the only surviving Class- I legal heirs. The petitioners 2 to 12 had expressed their consent to grant Letters of Administration in favour of the 1st petitoner, and to that effect all the petitoners had signed in the petition thereby, expressing their consent, despite the Court notice served on all the respondents, they have not entered appearance. Even, pursuant to the general publication that has been made regarding the claim, no objections have been received, from the respondents herein or from any other person.
3. The petitioner has examined one Mrs.Mary Manogari, who is the attesting witness to the said Will as P.W.2. She has spoken about the execution of the Will by the testatrix and its attestation by herself and Mrs.A.Jayakumary.
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4. In view of the above, this Original Petition is ordered and Letters of Administration is granted in favour of the 1st petitioner, in respect of the Will dated 30.06.2006 of the testatrix A.Sigamani. The 1st 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 1st petitoner is further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively.
15.03.2023 gba Index :Yes/No Petitioner's witness:
P.W.1 — Mr.A.L.Maria Selvakumar P.W.2 - Mrs.A.Mary Manogari Documents exhibited by the petitioners:
Exhibits Documents
Ex.P1 Original Will dated 30.06.2006 executed by Mrs.A.Sigamani
Ex.P2 Computer generated death certificate of Pushpam
Ex.P3 Computer generated death certificate of A.Sigamani
Ex.P4 Photocopy of legal heirship certificate of Mr.A.Sigamani
Ex.P5 Computer generated death certificate of Lazarus
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O.P.No.332 of 2022
Exhibits Documents
Ex.P6 Photocopy of legal heirship certificate of Lazarus
Ex.P7 Computer generated death certificate of A.L.Susai
Jayakumar
Ex.P8 Photocopy of legal heirship certificate of A.L.Susai
Jayakumar
Ex.P9 Computer generated property tax receipt dated 23.07.2019
standing in the name of Mr.A.Sigamani
Ex.P10 Photocopy of the electricity bill card standing in the name
of Mr.A.Sigamani
Ex.P11 Affidavit of assets showing the net value of the estate as
Rs.74,37,000/-
Ex.P12 Copy of paper publication effected in one issue of Tamil
daily “Dina Boomi” dated 29.08.2022
Ex.P13 Copy of paper publication effected in one issue of English
daily “Trinity Mirror” dated 08.11.2022 Ex.P14 Affidavit of attesting witness A.Mary Manogari 15.03.2023 gba https://www.mhc.tn.gov.in/judis 5/6 O.P.No.332 of 2022 K.KUMARESH BABU,J.
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