Madras High Court
A.Gajalakshmi vs Devaki Ammal (Died) on 12 February, 2025
O.P.No.826 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
O.P.No.826 of 2019
1.A.Gajalakshmi
2.A.Shyamala Devi ... Petitioners
Vs
1.Devaki Ammal (died)
(R2 to R4 and petitioners are recognised as the sole surviving legal heirs of
the deceased 1st respondent. as per
order dated 07.12.2024 in A.No.6424 pf 2024)
2.A.Dillibabu (deceased)
3.A.Sethuraman
4.A.Ganesh Babu
5.D.Sumitha
6.D.Hari Kishore
7.D.Hari Baskar
(5 to 7 respondents brought on record amendment carried out as per order
dated 09.01.2025 in A.Nos.6420, 6421 and 6422 of 2024)
… Respondents
PRAYER: Original Petition filed for Letters of Administration under
Sections 232, 255 and 276 of Indian Succession Act 1925, ACT XXXIX of
1925 and Order XXV Rule 5 of the Madras High Court Original Side Rules,
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1/6
O.P.No.826 of 2019
1956 for grant of Letters of Administration with Will annexed may be
granted to them as daughter/beneficiary under the Will of the deceased
limited to the State of Tamil Nadu and limited to the assets in the affidavit
of assets.
For Petitioners : Mr.R.Gunasekaran
For Respondents : No appearance.
ORDER
This Original Petition has been filed for issuance of the Letters of
Administration in respect of the Will dated 04.04.2007 executed by
late.G.Audhikesavalu, who died on 01.12.2008. The petitioners and original
respondents 2 to 4 are the children of the testator and 1st respondent is the
wife of the testator. During pending litigation the first and second
respondent who are the wife and son of the testator died. The legal heirs of
1st respondent are already on record and the legal heirs of the second
respondent are brought on record as respondents 5 to 7 who are the
grandchildren of the testator through his deceased son. Now, the petitioners
and respondents are the only surviving legal heirs of the testator. The
petitioners and the respondents are the beneficiaries under the said will. The
petitioners filed a suit for partition in O.S.No.412 of 2012 and the same
came to be dismissed on 17.11.2015 on the ground that the testator executed
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a will which is subjected under this present case. The respondents inspite of
service of notice have remained absent and kept themselves away from this
proceedings. The petitioners seek issuance of Letters of Administration in
respect of the immovable properties situated within the jurisdiction of this
court.
2. The second petitioner has been examined as PW1. She has
produced the death certificate of the Testator as Ex.P3. The copy of
registered will and testament dated 04.04.2007 as Ex.P1. The legal heir
certificate of the testator as Ex.P4. On perusal of the Ex.P4, it clearly
exhibits that the testator has a wife, three sons and two daughters who are
the petitioners and respondents. The legal heirs of the first respondent who
is wife of the testator, are already on record and they were recognised as
surviving legal heirs of the first respondent vide order dated 09.12.2024.
The legal heirs of the second respondents are brought on record vide order
dated 09.01.2025. The certified copy of the judgment in O.S.No.412 of
2012 as Ex.P5.
3. The petitioner has examined Mr.Mohammed Mustafa, who is the
first attesting witness to the said Will as PW2. He has spoken about the
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execution of the Will by the testator and its attestation by him.
4. In view of the above mentioned facts, this Original Petition is
ordered and Letters of Administration are granted in favour of the
petitioners, in respect of the Will dated 04.04.2007 of the testator
late.G.Audhikesavalu. The petitioners are 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
petitioners are further directed to file an inventory of assets and statement of
accounts within a period of six months and one year, respectively.
12.02.2025
tsh
Index :Yes/No
Speaking: Yes/ No
Neutral Citation: Yes/No
Petitioner's witness:
P.W.1 — Mrs.Shyamala Devi
P.W.2 –- Mr. Mohammed Mustafa
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Documents exhibited by the petitioners:
Exhibits Documents
Ex.P1 Copy of the Will dated 04.04.2007 executed by
Mr.G.Audikesavalu.
Ex.P2 Certified copy of the settlement deed dated 10.02.1977
Ex.P3 Computer generated death certificate of Mr.G.Audikesavalu.
Ex.P4 Photocopy of the legal heirship certificate dated 24.04.2017
in respect of the deceased G.Audikesavalu
Ex.P5 Certified copy of the judgment dated 17.11.2015 passed by
the City Civil Court, Chennai in OS.No.412/2012.
Ex.P6 Affidavit of assets showing the net value of the estate as
Rs.46,20,000/-
Ex.P7 Copy of the Paper Publication effected in one issue of Tamil
Daily “Makkal Kural” dated 05.10.2020.
Ex.P8 Copy of the paper publication effected in one issue of English
Daily “Trinity Mirror” dated 12.10.2020.
12.02.2025
tsh
https://www.mhc.tn.gov.in/judis
K. KUMARESH BABU, J.
tsh
12.02.2025
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