Madras High Court
R.S. Venmathi vs V.R. Sundara Raj on 22 January, 2021
T.O.S.No.16 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2021
CORAM:
THE HON`BLE MR.JUSTICE R. PONGIAPPAN
Testamentary Original Suit No.16 of 2017 in
(O.P.No.613 of 2016)
R.S. Venmathi ... Plaintiff
Vs.
V.R. Sundara raj .. Defendant
Original Petition No.613 of 2016 was filed under Sections 232 and 276 of
Indian Succession Act, XXXIX of 1925 for the grant of letters of
Administration. Against this petition a Caveat was filed on 28.06.2016 by
the Caveators. As per order of this Court, the Original Petition No.613 of
2016 was converted into Testamentary Original Suit No.16 of 2017.
For Plaintiff : Mr.S. Prabakar
For Respondent : No appearance.
JUDGMENT
This suit has been originally filed for grant of Letters of
Administration in respect of the Will left by one V.R. Perumal, in favour of
the Plaintiff, who is adopted daughter. subsequently, the Original Petition
has been converted as suit in view of the caveat filed by the defendant
herein. Against this petition a Caveat was filed on 28.06.2016 by the
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Caveator and as per order of this Court, the Original Petition No.613 of
2016 was converted into Testamentary Original Suit No.16 of 2017.
2. Brief facts leading to the filing of the suit is as follows :
It is stated by the plaintiff that the Testator Mr.V.R. Perumal is her
paternal aunt's husband. She is the adopted daughter of the deceased
V.R.Perumal and Andalammal. The wife and parents of the deceased
V.R.Perumal predeceased him. During his lifetime he has executed his Last
Will and Testament on 06.04.2015 in favour of the plaintiff. Thereafter, he
died on 24.04.2016. Hence, the plaintiff filed petition in O.P.No.613 of
2016 for Letters of Administration. Against this petition a Caveat was filed
by the Caveator and as per order of this Court, the Original Petition was
converted into a Testamentary Suit.
3. Since the defendant has neither appeared through counsel nor in
person and the written statement was also not filed, the Defendant was set
exparte and the matter was directed to be listed before the learned Master
for recording exparte evidence.
4. In this suit the Plaintiff was examined as P.W.1 and Ex.P.1 to
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Ex.P.3 were marked through her. The first attesting witness in the Will, Mrs.
S. Stella was examined as P.W.2 and the second attesting witness Mr.
Banjamin was examined as P.W.3.
Exhibits produced on the side of the plaintiff:
S.No Exhibits Date Description of documents
1. P-1 06.04.2016 The original registered Will and Testament
executed on 06.04.2016 by Mr.V.R. Perumala in
favour of the Plaintiff, which has been attested by
two witnesses viz., Mrs.S.Stella and Mr.Benjamin
2. P-2 03.05.2013 The computer generated copy of the death
certificate of Andalammal
3. P-3 24.04.2015 The computer generated copy of the death
certificate of the Testator Mr.V.R. Perumal
Witnesses examined on the side of the plaintiffs:
P.W.1. - Mrs. R.S.Venmathi
P.W.2. - Mrs. S. Stella
P.W.3. - Mr. Benjamin
5. It is the contention of the learned counsel for the plaintiff that the
Plaintiff is the adopted daughter of the deceased V.R. Perumal and
Anadalammal. The wife and the parents of the deceased V.R.Perumal
predeceased him. Mr. V.R. Perumal possessed with property within channai
and State of Tamilnadu, within the jurisdiction of the Court. Learned
counsel for the Plaintiff further states that Ex.P.1 is the Last Will and
Testament of the deceased V.R.Perumal which was duly executed by him on
the 1st day of April 2015, and registered on 06.04.2015 in the office of the
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Sub-Registrar, Thousandlights, chennai, in the presence of the witnesses.
6. It is the further contention of the learned counsel that the Plaintiff
filed a petition before this Court for the Letters of Administration of the
Will of the deceased to be issued in his favour as there is no next kin or
other persons interested to be impleaded. Subsequently, after objection from
the Defendant side, it was converted into a Testamentary Original Suit.
7. Learned counsel further states that no other application made to
any District Court or High Court for the Probate of any Will of the said
deceased or Letters of administration with or without the Will annexed of
his property and credits. The Plaintiff is ready to undertake to administer the
property and credits of the said deceased and in any way concerning the
Will by paying first his debts and then the legacies therein bequathed so far
as the assets will extend and to make a full and true investory thereof and
exhibit the same in this court within six months from the date of grant of
Letters of Administration and render to this Court a true account of the said
property and credits within one year from the said date.
8. As the defendant had entered caveat, and opposed the Will, the
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Original Petition was converted as Testamentary Original Suit. Thereafter,
there was no representation on behalf of the Defendant. Hence the
defendant was set exparte.
9. It is not in dispute that the suit property originally belonged to Mr.
V.R. Perumal. He executed his Last Will and Testament on 1.4.2016 and
registered on 06.04.2016. Ex.P.1 proves the same. In the said Will P.W.2
and P.W.3 are attesting witnesses. The have given evidence regarding the
execution of the Will. Ex.P.2 is the death certificate of Mrs.Andalammal,
wife of the Testator, predeceased him. Ex.P.2 Death Certificate of Mrs.
Andalammal proves the same. Ex.P.3 is Death Certificate of the Testator
Mr.V.R. Perumal. The defendant is the brother of the Testator who filed
caveat and resisted the petition filed for Letters of Administration, was set
expate. Several opportunities were given to him to appear before this Court
and to file his written statement. But neither the learned counsel nor the
defendant have filed the written statement. Hence, this court has taken into
consideration of the documents and evidence submitted by the plaintiff side.
The above documents proved that there is no other legal heirs to the
Testator other than the Defendant.
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10. The Will, Ex.P.1, is a registered Will and executed by Mr.V.R.
Perumal. Ex.P.1, when carefully seen, in all pages of the Will, he had signed
and the contents of the Will had been explained to the testator on the date of
execution, viz., 06.04.2016 and P.W.2 and P.W.3 stood as attesting
witnesses.
11. P.W.2 and P.W.3 were being the attesting witnesses, examined to
prove the execution of the Will by Mr.V.R. Perumal. They have clearly
stated in their evidence about their attestation in Will and the execution of
the Will by the testator while he was in a sound state of mind and the same
has not been rebutted by the defendant. Hence, their evidence not only
prove attestation but also execution of the Will by the testator. All the
above, clearly show that the Will has been proved in the manner known to
law. Therefore, the plaintiff is entitled to the Letters of Administration.
12. In the result,
(i). The suit in T.O.S.No.16 of 2016 is decreed.
(ii). The Letters of Administration, having the effect
limited to the State of Tamil Nadu, shall be issued in
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favour of the plaintiff in respect of the Will executed
on 06.04.2016 by Mr.V.R. Perumal in favour of the
Plaintiff Mrs.R.S. Venmathi.
(iii). The plaintiff is directed to duly administer the
estate of the deceased.
(iv). The plaintiff shall execute a security 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.
(v). The plaintiff is further directed to render true and
correct accounts once in a year.
(vi). No costs.
22.01.2021
Index:Yes/no
Internet: Yes
ggs
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R.PONGIAPPAN,J.
ggs
T.O.S.No.16 of 2017
22.01.2021
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