KALAVATHY Vs. M R SIVASANKARAN
LAWS(MAD)-2018-2-251
HIGH COURT OF MADRAS
Decided on February 19,2018

KALAVATHY Appellant
VERSUS
M R Sivasankaran Respondents

JUDGEMENT

C V Karthikeyan, J. - (1.)The 1st plaintiff Kalavathy (deceased) originally filed O. P. No. 203 of 2004 seeking an order to grant Letters of Administration with respect to the last Will and testamentary of T. Saravana Perumal, who had died on 16. 10. 2002, at Chennai.
(2.)According to the petitioner, T. Saravana Perumal had owned immovable property at Mylapore, Chennai. He had executed a Will on 11. 1 1997. When he died, he did not leave behind any issues, his wife and parents pre-deceased him. The petitioner claimed to be the legatee under the Will, claiming that the Will had been executed in the presence of independent witnesses, who had also attested the same, this petition had been filed.
(3.)As stated above, Kalavathy died during the pendency of the proceedings and her legal representatives; C. N. Anbalagan, L. Anuradha, and A. Sakunthala were brought on record. The grant of Letters of Administration was challenged by M. R. Sivasankaran, on application, the original petition was converted as T. O. S. No. 42 of 2004. In the written statement filed by M. R. Sivasankaran, he stated that he is the son of paternal uncle of original son Mrs. Rajheswari, who was the w/o. T. Saravana Perumal. According to him, the Will has to be proved in the manner known to law.


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