Madras High Court
S.K.Rajagopal vs S.K.Sampath .... Caveator / on 2 February, 2023
T.O.S.No.27 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2023
CORAM : JUSTICE N.SESHASAYEE
T.O.S.No.27 of 2015
S.K.Rajagopal .... Petitioner / Plaintiff
Vs
S.K.Sampath .... Caveator / Defendant
Prayer : Petition filed under Section 232 & 276 of the Indian Succession Act
XXXIX of 1995 for the grant of Letters of Administration.
For Plaintiff : Mr.A.S.Narasimhan
For Defendant : M/s.P.B.Ramanujam & P.B.Balaji
JUDGMENT
This testamentary suit is laid for grant of Letters of Administration for the
registered Will dated 29.06.2006, executed by late S.Krishnaswamy.
Subsequent to the execution of the Will, on 27.03.2007, Krishnaswamy died
leaving behind him surviving his wife, the first defendant and three son and a
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T.O.S.No.27 of 2015
daughter. Under the Will, Krishnaswamy chose to bequeath the estate covered
under the Will exclusively to the plaintiff. For obtaining Letters of
Administration, the plaintiff has laid O.P.No.538 of 2014, in which he has
arrayed all the other heirs of his father as respondents 1 to 5, and the second
respondent, one of the brothers of the plaintiff alone entered caveat. Hence, the
OP was converted into a testamentary suit. However, no written statement was
filed by the defendant.
2. The matter went to trial as undefended suit. During trial, before the learned
Master, the propounder of the Will was examined as P.W.1, who has produced
Ext.P1 to Ext.P5. He also examined one of the attestors to the Will as P.W.2.
The matter is now posted before this Court for final submissions of the counsel.
3. The counsel for the defendant would submit, in the meantime, a memo was
filed to the effect that the defendant consents to grant of Letters of
Administration. Even though it was not signed by the defendant, the fact
remains that he has not chosen to contest the suit. Therefore, in the context of
final adjudication, it may not have a significant bearing. This Court perused
the papers and satisfied with the testimony of P.W.2.
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T.O.S.No.27 of 2015
4. In fine, this Court holds that the Will dated 29.06.2006 executed by late
S.Krishnaswamy is genuine. Accordingly, T.O.S. No.27 of 2015 is allowed by
granting Letters of Administration with the Will annexed to by the plaintiff in
respect of the estate bequeathed under the last Will and Testament of the late
S.Krishnasamy, dated 29.06.2006. The plaintiff is directed to execute a
security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)
in the name of the Assistant Registrar (Original Side) of this Court. The
plaintiff is further directed to file an inventory of assets and statement of
accounts within a period of six months and one year, respectively.
02.02.2023
Index : Yes / No
Speaking order / Non-speaking order
ds
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T.O.S.No.27 of 2015
APPENDIX
I. Witnesses :
P.W.1 Mr.S.K.Rajagopal
P.W.2 Mr.K.Prabhakar Naidu
II. Exhibits :
Ext.P1 29.06.2006 Original Will of S.Krishnaswamy
Ext.P2 20.04.2007 Original Death Certificate of Mr.S.Krishnaswamy
Ext.P3 Photocopy of Aadhar Card of Mr.K.Prabhakar Naidu
(attesting witness) along with the affidavit filed by him
under Section 65B
Ext.P4 Signature of the attesting witness in Ext.P1 Will
Ext.P5 29.04.2014 Affidavit of Mr.K.Prabhakar Naidu(attesting witness)
02.02.2023
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T.O.S.No.27 of 2015
N.SESHASAYEE.J.,
ds
T.O.S.No.27 of 2015
02.02.2023
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