1 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.08.2009 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU O.P.NO.197 OF 2009 In the matter of Indian Succession Act XXXIX of 1925 and In the matter of the Last Will and Testament of P.V.Nanjundeswara Iyer (deceased) P.N.Naganathan .. Petitioner O.P.No.197 of 2009 : This petition is filed under Sections 232 and 276 of the Indian Succession Act, 1925 read with Order XXV Rule 5 of the Original Side Rules of the High Court of Judicature at Madras seeking to grant Letters of Administration with the Will annexed, to the petitioner as the son/one of the legatees under the Will of the deceased having effect limited to the State of Tamil Nadu. For Petitioner : Ms.G.Nalini - - - - ORDER This original petition is filed by the petitioner under Sections 232 and 276 of the Indian Succession Act, https://hcservices.ecourts.gov.in/hcservices/ 2 seeking for grant of Letters of Administration with the Will annexed, to the petitioner as the son/one of the legatees under the Will of the deceased which will have the effect limited to the State of Tamil Nadu. 2.A copy of the notice was sent to the District Collector. A copy of the notice was affixed in the notice board of the High Court. Evidence was directed to be recorded by the Master, by an order, dated 10.07.2009. Accordingly, the Master has recorded the evidence of P.W.1 and Exhibits P.1 to P.6 were marked. 3.The petitioner has filed a proof affidavit, dated 16.7.2009. It was stated by the petitioner that he is the son of P.V.Nanjundeswara Iyer, who had executed a Will, dated 9.12.1995. He died on 18.11.2008. The testator had not appointed any executor of the Will. The parents of the testator have predeceased him. The wife of the testator also predeceased him. The petitioner is the youngest son of the testator. The other legal heirs of the testator, i.e. daughters, son, son-in-law and two grand sons have given their consent affidavits, stating that they have no objection for the grant of letters of administration in https://hcservices.ecourts.gov.in/hcservices/ 3 favour of the petitioner. The net value of the assets is Rs.37,30,000/-. Paper publications were also effected in regard to this O.P. The original unregistered will was marked as Ex.P.1. The original death certificate of the testator was marked as Ex.P.2. The consent affidavits were marked as Ex.P.3 (series). The copies of the paper publications were marked as Exs.P.4 and P.5. 4.Mr.C.Baskaran, one of the attesting witness has filed a proof affidavit, dated 16.7.2009. It was stated that he is one of the attesting witness in respect of the Will executed by the testator. The testator had subscribed his signature in the Will in his presence and in the presence of an another attesting witness Mr.R.Krishnan. At request of the testator, they attested the Will as the attesting witnesses. At the time of execution of the Will, the testator was in a sound and disposing state of mind. The affidavit of Mr.C.Baskaran was marked as Ex.P.6. 5.In the light of the records produced and the oral evidence let in, this original petition is ordered as prayed for. https://hcservices.ecourts.gov.in/hcservices/ 4 6.Let a Letter of Administration with the Will be granted to the petitioner. 7.The petitioner is directed to render a true and proper account within a period of one year. He shall also 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 of Madras within one month from the date of receipt of this order. Sd/.K.C.J 07.08.2009 //Certified to be a true copy// Dated this the day of 2016 S.s/14.07.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format. https://hcservices.ecourts.gov.in/hcservices/