P.Padmanabhan vs P.Jayalakshmi
2022 Latest Caselaw 9169 Mad

                                                                                     T.O.S.No.15 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     Dated : 29.04.2022

                                                          CORAM

                            THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

                                                   T.O.S.No. 15 of 2017

                     P.Padmanabhan                                                    ..Plaintiff

                                                                 -Vs-

                     1. P.Jayalakshmi
                     2. P.Shantha Bai [deceased]
                        [Amended as per the order
                         dated 10.07.2019]
                     3. P.Indirani                                                    ..Defendants


                                  This suit has been filed under the Indian Succession Act XXXIX
                     of 1925 for the grant of Letters of Administration.

                                  For Plaintiff       : Mr.R.Vijayaraghavan

                                  For Defendants      : Mr.A.Kothandaraman

                                                      JUDGMENT

The plaintiff has originally filed a petition in O.P.No. 667 of 2012,

for grant of Letters of Administration. Since caveat has been filed, the said

petition was later converted as a suit and was renumbered as T.O.S.No. 15

of 2017.

https://www.mhc.tn.gov.in/judis T.O.S.No.15 of 2017

2. The case of the plaintiff/petitioner as stated in the Original

Petition is as follows:-

The plaintiff is the son of late Thirupurammal @

Thirupurasundariammal and the defendants / respondents are the

daughters and they are the only surviving legal heirs of the said deceased.

The late Thirupurammal @ Thirupurasundariammal during her life time

executed a Will dated 30.08.1996 and registered before the Sub Registrar,

Kodambakkam, as Document No.162 of 1996. The Will was attested by

two witnesses, namely, G.Sekar and S.Varadarajan and they are not

related to the testator, namely, Thirupurammal @ Thirupurasundariammal.

Subsequent to the said Will, Thirupurammal @ Thirupurasundariammal

died on 18.12.2000 at No.9, Sowrashtra Nagar, II Street, Choolaimedu,

Chennai – 94 and she was in good health and in a sound state of mind at

the time when she had executed and registered the Will. The testator was

not subjected to compulsion, coercion, undue influence, threat or force for

executing the Will and the testator did not appoint any person as the

executor of the Will and bequeathed the schedule mentioned properties in

the manner said in the plaint to the plaintiff, who is the son of the testatrix.

The amount of assets likely to come into the plaintiff's hand does not

exceed in aggregate a sum of Rs.30,00,000/- and the net amount of the

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said assets after deducting all items which the plaintiff is by law allowed to

deduct is only to the same value of Rs.29,99,000/-. No application has

been made by the plaintiff before any District Court or Delegate or to any

other High Court for the probate of any Will of the said deceased or Letters

of Administration.

3. The learned counsel for the plaintiff contends that since the

plaintiff is bedridden and cannot even withstand sitting for more than 5

minutes, has taken out an Application No.9245 of 2019 to appoint an

Advocate Commissioner to examine the plaintiff and to record his evidence

in the residence of the plaintiff. Considering the reasons culled out in the

affidavit, the said application was allowed on 09.12.2019. Subsequently, a

report dated 08.02.2020 was filed by the Advocate Commissioner, wherein

it is indicated that the Proof affidavit of the plaintiff (P.W.1) was executed in

the presence of the advocate commissioner and a copy was served on the

learned counsel for the defendants. The Original Will dated 30.08.1996

was marked as Ex.A.1. Ex.A.2 is the Computer generated Death certificate

of Thirupurammal @ Thirupurasundariammal. The Original Legal heirs

certificate dated 31.07.2002 of Mrs.Thirupurammal @

Thirupurasundariammal was marked as Ex.A.3. Further, the affidavits of

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attesting witnesses, viz., G.Sekar and S.Varadarajan has also been filed,

wherein it is stated that at that point of time, viz., when the will was

executed by the testatrix Thirupurammal @ Thirupurasundariammal, she

was in a sound and disposing mind, memory and understanding, therefore,

the plaintiff seeks to grant the Letters of Administration to the plaintiff.

4. On the other hand, the learned counsel for the defendants has

filed a consent affidavits of the defendants, viz., P.Jayalakshmi and

P.Indrani indicating that 'at the intervention of the well-wishers, the

defendants settled all the issues amicably among themselves and that they

have no objection to grant probate in respect of the Will dated 30.08.1996

in favour of the plaintiff, as prayed by him'.

5. Heard the learned counsel on either side and perused the

pleadings, documents and the consent affidavits on record.

6. On scrutinising the documents it is clear that the Will was

executed by Thirupurammal @ Thirupurasundariammal, viz., mother of the

plaintiff and the defendants. Even according to the learned counsel for the

plaintiff, the defendants have given their consent affidavits indicating no

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objection for grant of probate to the plaintiff and the attesting witnesses to

the Will, viz., G.Sekar and S.Varadarajan have also filed their respective

affidavits duly signed by them stating that Thirupurammal @

Thirupurasundariammal at the time of executing the Will was in sound and

disposing mind.

7. The defendants, viz., P.Jayalakshmi and P.Indirani, who filed

consent affidavits, appeared in-person before this Court. This Court

verified the identification of the defendants and the contents in the consent

affidavits are read over to the parties and enquired whether the said

consent affidavits are signed by them on their own volition. In reply,

Mrs.Jayalakshmi as well as Mrs.Indrani, stated that in order to give quietus

to the issue they have given the said consent affidavits and contented that

they have no objection for the grant of Letters of Administration to their

brother, viz., plaintiff.

8. That apart, the defendants would also contend that the plaintiff

is in possession of various properties and some other properties, may be

allotted to them, for which, the learned counsels have submitted that the

plaintiff has filed a suit for partition in the other properties against the

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defendants and the same is pending in O.S.No.9137 of 2021 before the

learned XVI Judge, City Civil Court, Chennai. The learned counsels have

also produced an undertaking given by the plaintiff in the said suit, by way

of a promissory note dated 15.04.2022, wherein it is averred by the plaintiff

that as per the wish of their mother, viz., Thirupurammal @

Thirupurasundariammal and another sister, viz., Shantha Bai (deceased),

the following properties are bequeathed to the defendants and their legal

heirs, in which, the plaintiff as well as his legal heirs will not claim any right

or his share whatsoever:

Details of the property:

1. Late Thirupurammal @ Thirupurasundariammal (mother)

No.1, Sourashtra Nagar 1st Street, Choolaimedu, Chennai -94

2. P.Indrani (sister)

No.1/1, Sourashtra Nagar 1st Street, Choolaimedu, Chennai -94

3. Late Shantha Bai (sister)

No.1/2, Sourashtra Nagar 1st street, Choolaimedu, Chennai -94

4. P.Jayalakshmi (sister)

No.1/3, Sourashtra Nagar 1st street, Choolaimedu, Chennai -94

5. Late P.Shantha Bai

No.16/2, Sourashtra Nagar 1st street, Choolaimedu, Chennai -94

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6. Late P.Shantha Bai

2400 Sq.ft., of land, Peerkankaranai, Perungulathur.

Further, the plaintiff also undertook to withdraw the said suit as well as the

other suits before the courts below, which were pending in respect of the

above said properties.

9. That apart, the plaintiff undertakes to duly administer the

properties and credits of the said Thirupurammal @

Thirupurasundariammal, the deceased and in any way concerning her Will

by paying first her debts and then the legatees therein, in so far as the

asset bequeathed to her and to make a full and true inventory thereof and

exhibit the same in this Court within six months from the date of grant of

letters of administration with the Will annexed to the petition and to render

to this Court a true account of the said properties and credits within one

year from the said date.

10. Considering the consent affidavits filed by the defendants,

expressing no objection for the grant of letters of administration to the

plaintiff and the affidavits filed by the attesting witnesses, viz., G.Sekar and

S.Varadarajan, on execution of the Will, which is proved in accordance with

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law in respect of the Will executed by the deceased Thirupurammal @

Thirupurasundariammal having effect throughout the State of Tamil Nadu,

this Court is of the view that there is no impediment in granting Letters of

Administration in favour of the plaintiff.

In view of the above stated position, this Court is of the view that

the plaintiff is entitled to the grant of Letters of Administration. Accordingly,

the Testamentary Original Suit is ordered and a direction is issued for the

grant of Letters of Administration to the plaintiff. The plaintiff is also

directed to execute a Security bond for a sum of Rs.25,000/- in favour of

the Assistant Registrar (O.S.II) High Court, Madras. The plaintiff is further

directed to render true and correct accounts once in a year.

29.04.2022

ssd

https://www.mhc.tn.gov.in/judis T.O.S.No.15 of 2017

V.BHAVANI SUBBAROYAN,J.,

ssd

T.O.S.No. 15 of 2017

29.04.2022

https://www.mhc.tn.gov.in/judis