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2022 DIGILAW 190 (MAD)

M. Elango v. M. Megala @ Manimegalai

2022-01-21

ABDUL QUDDHOSE

body2022
JUDGMENT : 1. This petition has been filed for grant of Letters of Administration to the limited extent of the petitioner’s interest in the subject property, which is covered under the registered Will dated 21.02.2002 executed by the Testator Mr.K.Mohan. 2. The petitioner and the respondents are the children of the deceased Testator Mr.K.Mohan, who died on 22.04.2004 leaving behind a registered Will dated 21.02.2002 executed by the Testator, under which the petitioner and the respondents are the beneficiaries. 3. Under the subject Will dated 21.02.2002, there are two attesting witnesses viz., Mrs.A.Elavarasi and Mr.P.Thamotharan. 4. Before the Learned Master, the petitioner Mr.M.Elango was examined as a witness (P.W.1). In his deposition, he has reiterated the contents of O.P.No.386 of 2021. Through P.W.1., the following documents were marked as exhibits:- Exhibits Nature of the document Ex.P-1 Original registered Will and Testament dated 21.02.2002 executed by Mr.K.Mohan, which has been attested by two attestors. Ex.P1 Will was registered as Doc.No.38 of 2003 on the file of the office of the Sub Registrar, Kodambakkam. Ex.P-2 Original death certificate of Mr.K.Mohan, who died on 22.04.2004. Ex.P-3 Computer generated death certificate of Mrs.M.Kamala, who died on 05.11.2018. Ex.P-4 Original Legal Heirship certificate dated 11.06.2008 in respect of Mr.K.Mohan. Ex.P-5 Affidavit of assets showing the net value of the estate as Rs.80,00,000/-. Ex.P-6 Copies of paper publications effected in one issue of Tamil daily “Makkal Kural” dated 13.12.2021 and one issue of English daily “Trinity Mirror” dated 21.12.2021. 5. One of the attesting witnesses viz., Mr.P.Thamotharan was examined as a witness (P.W.2). Through P.W.2, Mr.P.Thamotharan (second attesting witness), the following document was marked as exhibit:- Exhibits Nature of the document Ex.P-7 Affidavit of Mr.P.Thamotharan, P.W.2 (second attesting witness) 6. The second attesting witness to the subject Will dated 21.02.2002, was examined as a witness (P.W.2). In his deposition, he has deposed that he knows the Testator Mr.K.Mohan from his childhood and he has also deposed that he is well acquainted with the Testator. He has also deposed that the subject Will (Ex.P1) was executed by the Testator Mr.K.Mohan only in his presence and in the presence of the first attesting witness Mrs.A.Elavarasi. He has also deposed that Mr.K.Mohan signed in all pages of Ex.P1 Will only in his presence and in the presence of the other attesting witness Mrs.A.Elavarasi. He has identified the signature of the Testator Mr.K.Mohan. He has also deposed that Mr.K.Mohan signed in all pages of Ex.P1 Will only in his presence and in the presence of the other attesting witness Mrs.A.Elavarasi. He has identified the signature of the Testator Mr.K.Mohan. P.W.2 has also deposed that the Testator Mr.K.Mohan was in a sound and disposing state of mind, memory and understanding at the time of execution of the Will (Ex.P1) dated 21.02.2002. In support of his deposition, he has filed a proof affidavit, which has been marked as Ex.P7. 7. As seen from the evidence available on record, the petitioner and the respondents are the only legal heirs of the deceased Testator Mr.K.Mohan, who died on 22.04.2004. The death certificate of Mr.K.Mohan dated 22.04.2004 and the legal heirship certificate dated 11.06.2008 which have been marked as Exs.P2 and P4 confirm that the petitioner and the respondents are his only legal heirs. The original registered Will executed by the Testator Mr.K.Mohan dated 21.02.2002 has been marked as Ex.P1 8. As seen from the subject Will, there are two attesting witnesses viz., Mrs.A.Elavarasi and Mr.P.Thamotharan. The second attesting witness has also been examined as a witness (P.W.2) and in his deposition, he has deposed that he knows the Testator Mr.K.Mohan from his childhood and that he is well acquainted with him. He has also deposed that only in his presence and in the presence of the first attesting witness, Mrs.A.Elavarasi, the Testator Mr.K.Mohan executed the registered Will dated 21.02.2002. He has identified the signature of Mr.K.Mohan, the deceased Testator. He has also deposed that only in sound and disposing state of mind, memory and understanding, the Testator Mr.K.Mohan had executed the registered Will dated 21.02.2002. 9. The respondents have been duly served in O.P.No.386 of 2021 and their names have also been printed in the cause list today. Despite service of notice on the respondents, no one has entered appearance till date on behalf of the respondents. Therefore, it can be inferred that the respondents do not have any objection for grant of Letters of Administration in favour of the petitioner. 10. After giving due consideration to the pleadings and evidence available on record, this Court is inclined to grant Letters of administration in favour of the petitioner as prayed for in O.P.No.386 of 2021. 11. Accordingly, this petition is allowed. Issue Letters of Administration of the Will dated 21.02.2002 (Ex.P.1) in favour of the petitioner. 10. After giving due consideration to the pleadings and evidence available on record, this Court is inclined to grant Letters of administration in favour of the petitioner as prayed for in O.P.No.386 of 2021. 11. Accordingly, this petition is allowed. Issue Letters of Administration of the Will dated 21.02.2002 (Ex.P.1) in favour of the petitioner. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioner is also directed to execute a security bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) in favour of the Assistant Registrar (O.S.II), High Court, Madras. The petitioner is further directed to render true and correct accounts once in a year.