Madras High Court
Suja Mathew … vs Biji Kuruvilla … Caveator / on 23 November, 2021
T.O.S.35 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2021
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
T.O.S.35 of 2019 in
(O.P.No.143 of 2019)
Suja Mathew … Petitioner / Plaintiff
Vs.
Biji Kuruvilla … Caveator / Defendant
Petition is filed under Sections 232 & 276 of the Indian Succession
Act.XXXIX of 1925 for grant of Letters of Administration. Against this
petition, a Caveat and objection affidavit was filed on 16 th day of August,
2018 in O.P.No.143 of 2019 the Original Petition has to be converted into
Testamentary Original Suit.
For Plaintiff : M/s.Praveen Alexander
For Defendant : C.P.G.Yoganand & Associates
JUDGMENT
The present suit is laid for obtaining letters of Administration of Joint Will
executed by a certain V.V.Kuruvilla and his wife Santhamma Kuruvilla.
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T.O.S.35 of 2019
2.The said V.V.Kuruvilla and Santhamma Kuruvilla executed a registered
Will dated 27.03.2001. The couple had three children and they are here
arrayed as plaintiff and the two defendants.
3.V.V.Kuruvilla died on 01.08.2006 and Santhamma Kuruvilla died on
18.05.2014, on their death, the Will came to effect.
4.There are three items of properties and the testators have bequeathed item
No.1 to the 2nd defendant and the plaintiff. Item No.2 to the 2 nd defendant
and his daughter and Item No.3 exclusively to the 1st defendant and his
daughter.
5.For obtaining the Letters of Administration, the plaintiff laid a petition in
O.P.No.143 of 2019. The 1st defendant entered Caveat consequent to which
it was converted into a suit. The 1st defendant has also filed his written
statement.
5.Issues were framed and the matter was posted for trial before the learned
Additional Master No.II. Before the learned Master, the Caveator / the 1st
defendant did not choose to contest and consequently he was set as exparte.
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T.O.S.35 of 2019
6.The propounder of the Will, the plaintiff examined himself as P.W.1 and
two attestors whereabouts could not be traced and hence P.W.2 was
examined and identified the signatures of the testator and witnessed in terms
of 69 of the Evidence Act. Ex.P1 to Ex.P10 were marked on the side of the
plaintiff, of which, Ex.P1 dated 27.03.2001 is the Will.
7.This Court perused the evidence and holds that the execution of the Will
dated 27.03.2001 stands proved in the manner known to law, the
Testamentary Original Suit stands decreed as prayed for. The Letters of
Administration is granted in respect of the Will in favour of the plaintiff.
The plaintiff shall execute a security bond for a sum of Rs.15,000/- (Rupees
Fifteen Thousand only) in favour of the Assistant Registrar (O.S.II), High
Court, Madras within a period of three (3) months as required under law.
No costs.
23.11.2021
kas
Index : No
Internet : Yes
Speaking order/ Non-speaking order
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T.O.S.35 of 2019
List of the witnesses examined on the side of the plaintiff:
PW1 - Mrs.Suja Mathew
PW2 – Mr.Muthurasu
List of Exhibits marked on the side of the plaintiff :
Exhibits Description Dated
Ex.P1 The Will executed by the deceased V.V.Kuruvilla 27.03.2001
Ex.P2 Death Certificate of V.V.Kuruvilla 10.08.2006
Ex.P3 Death certificate of Santhamma Kuruvilla 25.05.2015
Ex.P4 Legal Heir Certificate of Santhamma Kuruvilla 24.12.2014
Ex.P5 Sale Deed- 1967 in favour of V.V.Kuruvilla 21.01.1967
Ex.P6 Sale Deed in favour of Santhamma Kuruvilla 22.01.1973
Ex.P7 Sale Deed in favour of V.V.Kuruvilla – 1998 26.10.1998
Ex.P8 Sale Deed in favour of V.V.Kuruvilla – 1998 21.12.1998
Ex.P9 Settlement Deed 02.01.2018
Ex.P10 Encumbrance Certificate 12.09.2018
List of the witnesses examined on the side of the defendant: Nil
List of Exhibits marked on the side of the defendant: Nil
23.11.2021
kas
https://www.mhc.tn.gov.in/judis
T.O.S.35 of 2019
N.SESHASAYEE, J.
kas
T.O.S.No.35 of 2019
23.11.2021
https://www.mhc.tn.gov.in/judis
