Madras High Court
G.Munusamy … vs K.Neela on 23 December, 2021
T.O.S.No.27 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.12.2021
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
T.O.S.No.27 of 2011
in (O.P.No.716 of 2010)
G.Munusamy … Plaintiff
Vs.
1.K.Neela
W/o Late Kasinathan
2.D.Palayam (Deceased)
W/o M.Durai,
3.C.Krishnaveni
W/o A.Chandran
4.A.Satya Ruby
W/o Adhimulam
5.K.Gopal
6.G.Amudha
7.G.Elangovan
8.G.Kabilan
9.G.Babu
10.G.Anandhi
11.Durai
12.Murali
13.Pappi Shakila
14.Sivakumar
15.Anandhi
16.Nagaraj
17.Sumathi ...Respondents
https://www.mhc.tn.gov.in/judis
T.O.S.No.27 of 2011
Prayer: Petition is filed under Sections 232 & 276 of the Indian Succession
Act, and Order XXXIX Rule 5 of O.S. Rules for the grant of Letters of
Administration with Wills of late G.Govindammal. The letters of
Administration with Wills annexed may be granted to the petitioner as her
son/legatee under the wills of the said deceased having effect limited to the
State of Tamil Nadu.
For plaintiff : Mr.V.Manisekaran
For respondents : R.Sunil Kumar
JUDGMENT
This Testamentary Original Suit is laid for obtaining the Letters of
Administration of Will of Tmt.G.Govindammal, who is the mother of the
plaintiff and she is also the mother of the defendants. The Testator is the
Mother of the plaintiff, the Testator is also either the mother or the grand
mother of the defendants.
2.The defendants herein have earlier laid a suit in C.S.No.602 of 2019 for
partition which includes the property covered by the Will of the Mother and
other properties. That came to be decreed based on the Compromise Decree
by this Court on 28.10.2021. This Court is informed that as per the terms of
the compromise, the defendants would be withdrawing the contest to
Testamentary Original Suit.
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T.O.S.No.27 of 2011
3.Today, the learned counsel for the defendants made a statement that in
conformity with the earlier statement made in the Compromise Memo, the
defendants would not be contesting in T.O.S.No.27 of 2011.
4.Learned counsel for the plaintiff submitted that in the
Testamentary Original Suit, the propounder of the Wills and the testators
have been examined and the Wills have been marked as Ex.P1 and Ex.P2.
Both the Wills deal with separate schedules of property. Accordingly,
P.W.2 proves his attestor is one of the attestors in both the Wills.
5.This Court is satisfied not only with the evidence brought on record in
support of proof of genuineness of the Wills and also taking into account of
the present stand of the defendants withdrawing the contest.
6.Accordingly, the Testamentary Original Suit is decreed. The Wills are
declared to be genuine and the Letters of Administration is directed to be
granted.
7.The plaintiff shall execute a security bond for a sum of Rs.15,000/-
(Rupees Fifteen Thousand only) in favour of the Assistant Registrar
https://www.mhc.tn.gov.in/judis
T.O.S.No.27 of 2011
(O.S.II), High Court, Madras within a period of three (3) months as required
under law. In view of the order made in the Testamentary Original Suit, the
connected applications are closed. No costs.
23.12.2021
dk
Index : No Internet : Yes
Speaking order/ Non-speaking order
List of the witnesses examined on the side of the plaintiff:
PW1 – Mr.G.Munusamy
PW2 – Mr.M.Ravi
List of Exhibits marked on the side of the plaintiff :
Exhibits Description Dated
Ex.P1 The Original Will 28/121993
Ex.P2 The Original Will 08/03/1994
Ex.P3 Death Certificate of Govindammal 31/01/1995
Ex.P4 The supporting affidavit filed by Ravi ..
Ex.P5 The original death certificate 19/06/2000
Ex.P6 The affidavit of assets ..
Ex.P7 The consent of affidavit filed by K.Neela ..
Ex.P8 The consent affidavit filed by Krishnaveni ..
Ex.P9 The consent affidavit ..
Ex.P10 The consent affidavit filed by K.Gopal ..
Ex.P11 The consent affidavit filed by G.Amudha ..
Ex.P12 The consent affidavit filed by G.Kabilan ..
Ex.P13 The consent affidavit filed by G.Elangovan -
Ex.P14 The consent affidavit filed by G.Babu -
Ex.P15 The consent affidavit filed by G.Anandhi -
https://www.mhc.tn.gov.in/judis
T.O.S.No.27 of 2011
List of the witnesses examined on the side of the defendant:
DW1 – Mrs.C.Krishnaveni
DW2 – Mrs.G.Amudha
DW3 – Mr.G.Babu @ Durai Babu
List of Exhibits marked on the side of the defendant:
Exhibits Description Dated
Ex.D1 Photograph -
Ex.D2 Photograph -
Ex.D3 Copy of sale deed 10.03.2011
Ex.D4 Copy of settlement deed 08.11.2010
Ex.D5 Sale Deed 10.03.2011
Ex.D6 Xerox Documents(Kani Investments and Credit Pvt. Ltd.) -
Ex.D7 General Power of Attorney 27.12.2017
Ex.D8 Deed of settlement 27.12.2017
Ex.D9 Sale deed 27.12.2017
Ex.D10 Sale deed 05.01.2018
Ex.D11 Sale deed 08.01.2018
Ex.D12 Sale deed 23.01.2018
Ex.D13 Deed of settlement 23.01.2018
Ex.D14 Proof affidavit of Mr.A.Ravi 13.02.2017
Ex.D15 Not available -
Ex.D16 Not available -
Ex.D17 Form – I 08.12.1986
23.12.2021
dk
https://www.mhc.tn.gov.in/judis
T.O.S.No.27 of 2011
N.SESHASAYEE, J.
dk
T.O.S.No.27 of 2011
in (O.P.No.716 of 2010)
23.12.2021
https://www.mhc.tn.gov.in/judis
