M KUPPUSAMY NAICKER Vs. M MANI

JUDGEMENT

(1.) 1. (Prayer:- Suit has been filed praying for grant of Letters of Administration with the will annexed to the Plaintiff as the beneficiary under the Last Will and Testament of the deceased having effect throughout the State of Tamilnadu.) The Suit has been filed praying for grant of Letters of Administration with the will annexed to the Plaintiff as the beneficiary under the Last Will and Testament of the deceased having effect throughout the State of Tamilnadu.

(2.) THE averments made in the plaint are as follows- (i) It is submitted that one Annammal, wife of Seetharama Naicker, was died on 25.7.1991. At the time of her death, she left a property within the state of Tamilnadu . She resided at No.9, Othavadai Street, Nesapakkam, Chennai-78. When she executed a Will on 24.5.1990, it was registered as the last will and testament of the deceased. It is duly executed that the deceased has not appointed any executor to execute the will and the Plaintiff being the sole beneficiary since the said deceased had no issues and her husband Seetharama Naicker also predeceased her at the time of executing the said Will. THE testatrix of the said will died on 25.7.1991. Since the plaintiff was not aware that he should obtain grant of letters of administration for the will, hence he did not approach the court. So the said delay is neither willful nor wanton. (ii) THE plaintiff is the sole surviving heir according to Indian Succession Act. THE plaintiff and respondents are sister's son. THE parents of the testatrix have predeceased her. Hence he filed the application for grant of letters of administration.

(3.) ON the side of Plaintiff, the Plaintiff was examined as PW1 and one Ganesan, the attestor of the Will was examined as PW2 and Exs. P1 to P5 were marked. ON the side of Defendants, DW1 was examined and no documents have been marked. The Plaintiff/ M.Kuppusamy Naicker and the Defendants/M.Mani, M.Vadivelu, M.Ramakrishnan, are all brothers. They are all sons of Manicka Naicker, through his wife Govindammal. Annamal, who is the sister of the Plaintiff & Defendants mother Govindammal, is alleged to be the Executor of the Will Ex.P5.