(Prayer: The Testamentary Original Suit is filed under Sections 218 & 278 of the Indian Succession Act, 1925 r/w Order XXV Rule 5 of the O.S. Rules, to grant Letters of Administration to the property and credit of the deceased to the petitioner to have effect limited to the State of Tamil Nadu.)

1. This Testamentary Original Suit has been filed by the plaintiff seeking to grant Letters of Administration to the property and credits of the deceased to the petitioner.

2. The plaintiff would submit that the deceased S.Balaraman, who died on 03.03.1996, executed his last Will and testament and registered the same on 03.03.1993 at Chennai in the presence of attestors. The plaintiff is the beneficiary under the said Will. It is further submitted that the wife of the deceased Balaraman died on 25.07.2003.

3. Further, it is submitted that the property situated at old door No.43, new door No.64, Pushpa Nagar Main Road, Nungambakkam, Chennai - 600 034, Village T.S.No.588 to an extent of 1297 sq. ft., with building belongs to the deceased Balaraman who acquired the same out of his own income. The deceased Balaraman possessed and enjoyed the property and finally executed a Will in favour of his grandson for lifetime and vesting life interest on his son. No executor was appointed in the Will.

4. It is further submitted that the testator married one Jayalakshmi and out of the said wedlock four female children and one male child were born to them. They are D.Karpagam, V.Vasanthi, D.Vijayarani and B.Venkatesan. The other daughter namely M.Shanthi died leaving behind two sons namely Mohankumar and Senthilkumar and one daughter Rajakumari as her legal heirs. They are the respondents 3 to 5 in the above proceedings.

5. It is further submitted that, during the life time of the deceased Balaraman, he executed and registered a Will on 03.03.1993 in which the recitals show that the petition mentioned property is the self-acquired property of the deceased and since he had settled the marriage of his three daughters, they have no right over the petition mentioned property.

6. The petitioner is the only beneficiary of the Will. Since the testator has not appointed any executor under the said Will, the petitioner was constrained to file the present petition for Letters of Administration. The petitioner undertakes to duly administer the properties and credits of the deceased Balaraman and legacies bequeathed under the Will and also undertakes to render correct accounts of the said property and credit within one year from the date of grant of Letters of Administration to the petitioner. It is further submitted that the amount of assets which is likely to come to the petitioner’s hands does not exceed in the aggregate the sum of Rs.20,98,026/- and the net amount of the said assets after deduction of all items which the petitioner is by law allowed to deduct is only the value of Rs.20,96,026/-. Hence, prayed for granting Letters of Administration to the property and credit of the deceased to the petitioner to have effect limited to the State of Tamil Nadu.

7. The 4th defendant on behalf of himself and on behalf of defendants 5 to 7 and defendants 10 to 14 has submitted a consent affidavit stating that they have no objection to allowing the said application, by freely giving their consent for the grant of Letters of Administration in respect of the last Will and testament dated 03.03.1993 executed by the deceased S.Balaraman, in favour of the plaintiff, in respect of the properties left behind by the deceased.

8. Heard the learned counsel on both sides and records perused.

9. The petition has been filed seeking Letters of Administration with the last Will and testament dated 03.03.1993 of late Balaraman annexed, in favour of the plaintiff/petitioner in respect of the property and credits of the deceased situated within the State of Tamil Nadu.

10. The Plaintiff/Petitioner has stated that late Balaraman died on 03.03.1996 leaving behind the Will dated 03.03.1993 as his last Will and testament. The Plaintiff/Petitioner seeks Letters of Administration in respect of the estate, properties and credits of the deceased covered by the said Will.

11. Notice was duly served on the Defendants/Respondents. The defendants 8 to 14 have entered appearance. The Defendants 4 to 14 have filed their consent/no objection to the grant of Letters of Administration in favour of the Plaintiff/Petitioner. There is no contest to the petition by the other defendants. The Plaintiff/Petitioner has placed the original Will dated 03.03.1993 and the other requisite documents before this Court. The evidence placed on record establishes the death of the testator and the execution of the Will. The evidence of one of the attestors of the Will was also recorded through a Commissioner. There is no material before this Court to doubt the genuineness or validity of the said Will.

12. Having regard to the pleadings, the evidence on record and, in particular, the no objection given by the defendants 4 to 14 and other defendants failed to contest, this Court is satisfied that the Plaintiff/Petitioner is entitled to the grant sought for.

13. Accordingly, Letters of Administration with the Will dated 03.03.1993 of late Balaraman annexed thereto are hereby granted in favour of the plaintiff/petitioner, in respect of the properties and credits of the deceased, with effect limited to the State of Tamil Nadu, subject to the plaintiff/petitioner duly complying with the statutory requirements and furnishing the requisite administration bond/security, if any, as required by law.

14. The Plaintiff/Petitioner shall administer the estate of the deceased in accordance with the terms of the said Will and shall duly account for the estate as required by law.

15. Letters of Administration shall be issued accordingly.

16. In the result, the Testamentary and Original Suit is decreed in the above terms. No order as to costs.