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2022 (5) TMI 1449 - Tri - Insolvency and BankruptcySeeking impleadment in the place of deceased - whether Dr. MAM Ramaswamy Chettiar of Chettinad Charitable Trust or Mr. MAMR Muthiah, the adopted son of Dr. MAM Ramaswamy Chettiar is required to be impleaded in TCP/1/2016 in the place of the Petitioner viz. Dr. MAM Ramaswamy Chettiar? - HELD THAT:- It is not in doubt that Dr. MAM Ramaswamy during his lifetime, made a Deed of Declaration of Trust dated 09.02.2015 which is registered as Doc. No. 51/2015 in the office of the SRO Mylapore constituting a Trust under the name and style of Dr. MAM Ramaswamy Chettiar of Chettinad Charitable Trust and the recitals made in the said Trust deed - Further, it is also seen that the Petitioner viz. Dr. NAM Ramaswamy has also executed his last Will and Testament dated 18.02.2015 as Doc. No. 16/2015 in the office of the SRO Mylapore. It is also seen that on 06.04.2015, in the 1st meeting of the Board of Trustees of Dr. MAM Ramaswamy Chettiar of Chettinad Charitable Trust which was held in the presence of Dr. MAM Ramaswamy, the Trust has accepted all the movable assets of Dr. MAM Ramaswamy to the Trust. Oral gift was part of birthday gift on 30.09.2015, which was accepted by the Trust as recorded in the minutes dated 06.11.2015. The contention raised by the Respondent/Applicant in CA/69/2016 that the probate of the Will dated 18.02.2015 executed by Dr. MAM Ramaswamy is pending before the Hon'ble High Court of Madras in OP No. 894/2016 and hence it cannot be relied up for any purpose, does not hold much water since the recitals made in the Will is clear and explicit and that the Trust is not claiming any right as an executor or legatee under the Will dated 18.02.2015, however the Trust is only seeking to rely upon the Will dated 18.02.2015 for collateral purpose - a perusal of the Will dated 18.02.2015 would clearly posit the fact that the relationship between Dr. MAM Ramaswamy and Mr. MAMR Muthiah was so strained that he did not even allow his adopted son Mr. MAMR Muthiah to perform obsequies or rituals in relation to his death. Dr. MAM Ramaswamy Chettiar of Chettinad Charitable Trust is entitled to step into the shoes of Dr. MAM Ramaswamy in so far as adjudication of TCP/1/2016 is concerned - Application allowed.
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