B DHANASEKARAN Vs. L GOVINDASAMY

JUDGEMENT

(1.) THIS suit has been filed by the petitioner in Testamentary O.P.No.283 of 2002 against two respondents. When it was in O.P. stage, second respondent had filed a caveat against the grant of letters of administration on the last Will and Testament of Mr.M.K.Lakshmana Naicker and therefore, the Caveat was considered and the O.P. was converted into Testamentary Original Suit in T.O.S.No.44 of 2002.

(2.) THE brief facts of the plaintiff mentioned in the plaint are as follows:- THE plaintiff is the grandson of the deceased testator Mr.M.K.Lakshmana Naicker and the first respondent and the defendant are the sons of the testator. THE deceased left the first respondent and defendant as his surviving next kin according to law under Section 15(a) of the Hindu Succession Act. THE testator Mr.M.K.Lakshmana Naicker died on 27.09.1999. THE deceased at the time of his death left his 1/3rd share of the property at No.17, Annapillai Street, 3rd lane, Sowcarpet, Chennai-79 and a Will was duly executed by him at Senal Village in Tiruvannamalai District on 01.07.1998 in the present of the witnesses and registered as Document No.25 of 1998 at Sub-Registrar, THEllar, Thiruvannamalai District. By the said will, the deceased had not appointed any Executor. THE wife and parents of the deceased were predeceased him. THE amount of assets which is likely to come to the plaintiff's hands, does not exceed in the aggregate the sum of Rs.1,00,000/- (Rupees One lakh only) and the net amount of the said assets, after deducting all items which the plaintiff is by law allowed to deduct, is only of the value of Rs.1,00,000/- (Rupees One lakh only). THE plaintiff undertakes to duly administer the property and credits of the said deceased Mr.M.K.Lakshmana Naicker in any way concerning his Will by paying first his debts and then the legacies therein bequeathed so far as the assets will extend and to make a full and true inventory thereof and exhibit the same in this Court within six months from the date of the grant of Letters of Administration with the Will annexed to the petition thereof and also to render to this Court a true account of the said property and credits within one year from the said date. Hence, the plaintiff prays that the letters of administration with the Will annexed may be granted to him as the beneficiary under the Will of the said deceased having effect throughout the State of Tamil Nadu.

(3.) ON the basis of the pleadings of parties, the following issues were framed by this Court on 15.12.2003. 1) Whether the Will dated 01.07.1998 executed by M.K.Lakshmana Naicker is genuine, valid and enforceable one " 2) Whether the plaintiff is entitled to letters of administration"