OP/517/2025 of M.A.Balaram Vs No Respondent on 16 October 2026

ORDER

Heard learned counsel for the petitioner Mr.K.Bhasker.

2. This Original Petition has been filed for grant of Letters of Administration of the last Will and Testament of Smt.Saroja Sundararajan. The petitioner is the nephew of the deceased, Saroja Sundararajan, in other words, the deceased testatrix is the petitioner's mother's elder sister, she died on 04.10.2022, leaving behind a Will dated 16.09.2021, which is the registered instrument in Doc. No.28 of 2021, before SRO, Ashok Kumar, Chennai. The petitioner's nephew, Saroja Sundararajan, died on 04.10.2022 at Bangalore where she was taken for the purposes of treatment. A general paper publication has also been effected as directed by this Court and in compliance with the provisions of the Indian Succession Act. The learned counsel for the petitioner has further stated that excepting the petitioner, there is no other surviving legal heirs, which is established by the legal heirship certificate dated 06.10.2021, which is also filed along with this Original Petition.

3. I have also gone through the registered Will and one of the attesting witnesses by name R.Swamynathan, has filed an affidavit and also an additional affidavit today. The said Will dated 01.09.2021 was registered on 16.09.2021. The legal heirship certificate of Sundararajan, husband of the testatrix also evidence the fact that Sundararajan, died leaving behind only his wife, who is the testatrix Class 1 legal heir. The attesting witness has filed an additional

affidavit wherein, he has stated that on 16.09.2021, on the date of execution of Will, he was present along with the other attesting witness, by name E.Madhusudhanan, at the residence of the testatrix, Saroja Sundarrajan, and that he has seen the testatrix sign the Will. He has also stated that the Will was signed in the presence of both the witnesses and that when the attesting witness including himself signed the Will, it was in the presence of the testatrix. The affidavit originally filed and the additional affidavit satisfied the requirements of Section 63(c) of the Indian Succession Act r/w Section 67 of BSA (Section 68 of the Indian Evidence Act). In the light of the above, I am inclined to grant Letters of Administration in favour of the petitioners, as prayed for.

4. In fine,

(i) This Original Petition is ordered and the Letters of Administration, having effect throughout the State of Tamil Nadu, shall be issued in favour of the petitioner, with the Will dated 16.09.2021, annexed;

(ii) The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the suit schedule;

(iii) The petitioner shall execute a security bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) in favour of the Assistant Registrar (O.S- II), High Court, Madras;

P.B.BALAJI, J.

(iv) The petitioner is further directed to make a full and true inventory of the property and credits of the deceased testatrix, Saroja Sundararajan, to be made and the same be exhibited before this Court, within six months from the date of grant of Letters of Administration to them and also to render a true account of the property and credits of the testatrix, within one year from the date of obtaining the grant. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP