S.V.S.Velkumar vs S.V.S.Rajkumar ... Caveator/
2022 Latest Caselaw 1373 Mad

                                                                                 T.O.S.No.7 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 28.01.2022

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE N.SESHASAYEE

                                                   T.O.S.No.7 of 2019
                                                in (O.P.No.451 of 2018)

                     1.S.V.S.Velkumar
                     2.S.V.Sakthi Kumar                                   …Petitoners/Plaintiffs
                                                          Vs.

                     S.V.S.Rajkumar                                       ... Caveator/Defendant

                     Prayer: Petition is filed under Sections 232 & 276 of the Indian Succession
                     Act.XXXIX of 1925 for the grant of Letters of Administration. Against this
                     petition, a Caveat and supporting affidavit was filed on 12th day of October
                     2018 by the Caveator. As per the order of The Learned Master, dated 15th
                     day of March 2019 in O.P.No.451 of 2018 the Original Petition has to be
                     converted into Testamentary Original Suit.

                                    For petitioner    : Ms.V.S.Manimekalai
                                    For respondent    : Mr.S.Packiaraj

                                                     JUDGMENT

Mr.S.Packiaraj, the learned counsel for the defendants has logged in and

made a statement that as per the instructions he has from the respondents no

objections to grant of Letters of Administration.

https://www.mhc.tn.gov.in/judis T.O.S.No.7 of 2019

2.The said statement of the learned counsel for the defendants is recorded.

3.The present application is filed for grant of Letters of Administration on a

Will executed by S.V.Sivalinga Nadar dated 09.05.2014. This Will is the

last Will of the Testator S.V.Sivalinga Nadar.

4.None of the defendants have filed their Written Statement and the matter

is posted for recording evidence before AM - II.

5.The first plaintiff has examined himself as P.W.1 and through him the

Will was marked as Ext.P.1. The propounder has also examined certain

Bose, one of the attesting witness of Ex.P.1 as P.W.2.

6.This Court perused the evidence and is satisfied that Ext.P.1 Will was

executed by the testator S.V.Sivalinga Nadar.

7.Mr.S.Packiaraj, the learned counsel for the defendant did not offer any

resistance to grant of Letters of Administration.

https://www.mhc.tn.gov.in/judis T.O.S.No.7 of 2019

8.Accordingly, the Testamentary Original Suit is decreed. The Will is

declared to be genuine and the Letters of Administration is directed to be

granted.

9.The plaintiffs 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. In view of the order made in the Testamentary Original Suit, the

connected applications are closed. No costs.

                                                                                     28.01.2022
                     Tsg
                     Index       : No Internet     : Yes

Speaking order/ Non-speaking order

https://www.mhc.tn.gov.in/judis T.O.S.No.7 of 2019

List of the witnesses examined on the side of the plaintiff: PW1 – Velkumar PW2 – Bose List of Exhibits marked on the side of the plaintiff :

                      Exhibits                           Description                Dated
                      Ex.P1       The Original Will (xerox copy)                09/05/2014
                      Ex.P2       Death Certificate of S.V.Sivalinga Nadar      02/11/2016
                      Ex.P3       The original Legal Heir Certificate           13/10/2017
                      Ex.P4       The Original Valuation Certificate            09/07/2017




                                                                                     28.01.2022

                     Tsg

https://www.mhc.tn.gov.in/judis T.O.S.No.7 of 2019

N.SESHASAYEE, J.

Tsg

T.O.S.No.7 of 2019 in (O.P.No.451 of 2018)

28.01.2022

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