G.Ragupathy vs G.Padmanabhan, & Ors.

S. No,Exhibits,Date,Description of documents

1.,P-1,06/06/1979,Registered Will

2.,P-2,22/04/1997,Original Death Certificate of E.Gopalasamy Pillai

3.,P-3,13.09.2006,Caveat Petition

4.,P-4,15.03.1995,Consent affidavit of G.Govindaswamy

5.,P-5,15.03.1995,Consent affidavit of G.Venkatesan

6.,P-6,15.03.1995,Consent affidavit of G.Ramanujam

7.,P-7,15.03.1995,Consent affidavit of G.Chandran

8.,P-8,15.03.1995,Consent affidavit of A.Saraswathi

9.,P-9,15.03.1995,Consent affidavit of G.Manivannan

10.,P-10,01.04.2011,Consent affidavit of Rajeswari

11.,P-11,01.04.2011,Consent affidavit of R.Bhagyalakshmi

12.,P-12,--,Certified copy of the registered Will

13.,P-13,15.05.1981,Certified copy of the registered settlement deed

To prove the execution and attestation of the Will, P.W.2 one Chandramouli was examined. P.W.2 in his evidence clearly stated that at the",,,

time of execution of the Will, the testator signed the Will in his presence and he was in sound disposing state of mind. P.W.2 and other attesting",,,

witness one Ramanujam was also present while the testator affixing his signature in the Will. Both the testator and the attesting witnesses signed in,,,

each of their presence. In his cross examination also he had ascertained signing of the Will by the testator in his presence and also another witness,,,

Ramanujam. In the entire cross examination of P.W.2 nothing has been elicited to suspect the will registered by the said Gopalasamy. His entire,,,

evidence clearly prove the fact that the will was executed by Gopalasamy while he was in sound disposing state of mind on his own volition.,,,

The first defendant, who was also beneficiary under the Will in respect of the ''B'' schedule property till her life time, has not cross examined",,,

P.W. 2. In her written statement, she has admitted the execution of the Will by her father-in-law. Ex.P.4 is the consent affidavit of another son of",,,

Gopalasamy. Ex.P.5 is he consent affidavit of G.Veerasamy another son of Gopalasamy. Ex.P.6 is also a similar consent affidavit of another son,,,

G.Ramanujam. Ex.P.7 is the consent affidavit G.Chandran another son of Gopalasamy. Ex.P.8 is the consent affidavit of Saraswathi, daughter of",,,

Gopalasamy. Ex.P.9 one Manivannan, fifth defendant has also given consent affidavit to the effect that the Will was executed by his father.",,,

Ex.P.10, one Rajeswari, W/o.Ramachandran, one of the son Gopalasamy and she has no objection for grant of Letters of Administration to the",,,

plaintiff. The fourth defendant has also given consent affidavit which can be seen from Ex.P.11.,,,

Though the first defendant has opposed the Will in his pleadings, D.W.1 in his cross examination, has admitted the genuineness of the Will.",,,

From the above documents and particularly, the evidence of P.W.2, the attesting witness, the plaintiff has proved the execution and attestation of",,,

the Will as contemplated under law. In the Will itself, the plan has been attached and ''A'' schedule property has been bequeathed to the plaintiff",,,

and ''B'' schedule property has been bequeathed to the second defendant for her life and common passage also clearly mentioned in between the,,,

two properties. When the Will has been established as per law, there is no difficulty in granting Letters of Administration. Of course, there is some",,,

delay in filing the application for grant of Letters of Administration. The plaintiff himself in his pleadings has explained for such delay. Therefore, the",,,

Will itself found to be true and genuine. Mere approaching the Court with a delay without knowing its implications, such delay cannot be a ground",,,

to non-suit the plaintiff. In view of the above facts, the Will has been proved in the manner known to law and the plaintiff is entitled to Letters of",,,

Administration and the issues are answered accordingly.,,,

In the result,",,,

(i). The suit is decreed.,,,

(ii). The Letters of Administration, having the effect limited to the State of Tamil Nadu, shall be issued in favour of the plaintiff in respect of the",,,

property bequeathed to him in the Will dated 06.06.1979.,,,

(iii). The plaintiff is directed to duly administer the estate of the deceased.,,,

(iv). The plaintiff shall 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.",,,

(v). The plaintiff are further directed to render true and correct accounts once in a year.,,,

(vi). No costs.,,,