Madras High Court
K.Raghuraman vs K.Bakthavatchalam on 5 January, 2023
T.O.S. No.35 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.01.2023
CORAM : JUSTICE N.SESHASAYEE
T.O.S. No.35 of 2016
K.Raghuraman .... Plaintiff
Vs
K.Bakthavatchalam .... Defendant
Prayer : Testamentary Original Suit filed under Sections 232, 255 and 276 of
the Indian Succession Act and Order XXV Rule 5 of Original Side Rules for
issuance of Letters of Administration of the Will dated 29.04.1993.
For Plaintiff : Mr.T.Mathi
For Defendant : Mr.P.Sreenivasulu
JUDGMENT
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T.O.S. No.35 of 2016
The Original Petition is laid for granting Letters of Administration of the last
Will and testament dated 29.04.1993, executed by late Kuppuswamy Naidu,
registered as Document No.8 of 1993 on the file of Sub Registrar, Nemili,
Vellore District. The said Kuppuswamy Naidu, later, died on 21.08.1995,
leaving behind him his surviving heirs, namely his wife/fourth respondent,
children/petitioner and respondents 1 to 3. The petitioner is one of the sons-
cum-beneficiary under the Will. Respondents 1 & 2 are his sons, third
respondent is his daughter and the fourth respondent is his wife. Original
Petition was promptly laid and only one of the sons, filed caveat and hence the
OP was converted into a testamentary original suit.
2. The defendant has now agreed for the grant of Letters of Administration to
the plaintiff. An endorsement has also been made by the defendant to this
effect, even on 09.09.2022.
3. Evidence in this case was recorded and the propounder examined himself as
PW1 and marked Exts.P1 to P9. Ext.P1 is the Will of late Kuppuswamy Naidu.
To prove the Will, the plaintiff has also examined one of the attesting witnesses
as PW2, namely Narasimman.
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T.O.S. No.35 of 2016
4. This court is satisfied on perusing the documents and reading the oral
testimony of witnesses. This court is satisfied that the Will of Late
Kuppuswamy Naidu, dated 29.04.1993 is genuine.
5. Accordingly, this testamentary original suit is allowed by granting letters of
administration with the Will annexed to the plaintiff in respect of the estate
bequeathed under the last Will and testament of the late Kuppuswamy Naidu,
dated 29.04.1993. 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.
05.01.2023
Asr
List of witnesses examined on the side of Plaintiff:
1. Mr.K.Raghuraman - PW1
2. Mr.S.Narasmimman - PW2 (Attesting witness)
List of exhibits adduced on the side of the Plaintiff:
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T.O.S. No.35 of 2016
S.No. Exhibits Description of documents
1 P1 Original Will dated 29.04.1993
Original Death Certificate dated 24.02.2005 of Late
2 P2
Kuppuswamy Naidu
3 P3 Original Legal heirship certificate dated 11.04.2005
Paper publication in Tamil daily 'Makkal Kural' dated
4 P4
29.09.2005
Paper publication in English daily 'News Today' dated
5 P5
20.09.2005
6 P6 Consent affidavit of K.Pandurangan dated 10.03.2005
7 P7 Consent affidavit of Mrs.Dhanalakshmi dated 10.03.2005
8 P8 Consent affidavit of Mrs.K.Kamalammal dated 11.04.2005
9 P9 Affidavit of attesting witness, Mr.S.Narasimman
05.01.2023
Asr
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T.O.S. No.35 of 2016
N.SESHASAYEE.J.,
Asr
T.O.S. No.35 of 2016
05.01.2023
https://www.mhc.tn.gov.in/judis
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