Madras High Court

OP/151/2024 of Visalakshi and 2 others Vs No Respondent on 15 October 2026

OP No. 151 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-10-2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI

OP No. 151 of 2024

CNR:{HCMA011167692023}

1. Visalakshi

W/o. Shankar,

No.147, Pocket A,

INA Colony, New Delhi 23.

2. Durga Venkatesh,

W/o. Venaktesah,

No.335,

G- Sanjay Enclave, Janakpuri,

Delhi -33.

3. Savithri Chandrasekar

W/o. Chandrasekar,

No.3/2 Subba Reddy street,

West Mambalam, Chennai.

Petitioner(s)

Vs.

Nil

Respondent

PRAYER

Petition seeking grant of letters of Administration with Will annexed to the petitioners/Beneficiary of the deceased named under the will of the deceased to have effect limited to the State of Tamil Nadu.

For Petitioners

::

Mr.P.Venkatesan

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OP No. 151 of 2024

ORDER

This Original Petition has been filed for grant of Letters of Administration in respect of the Will and Testament of Late A.V.Vasantha, who died on 15.01.2023. The Will dated 06.01.2017, bearing Document No. 3 of 2017, was registered on the file of Sub Registrar, Velachery, on the same day.

2. The petitioners are the daughters of the sister of the deceased, namely, A.V. Saradha. Late A.V. Vasantha, besides sister A.V. Saradha (mother of the petitioners herein) also had a brother, by name, A.V. Subramanian, who pre-deceased A.V. Vasantha, without any issues. They are the only surviving legal heirs since their parents A.N. Venkatraman and A.V. Lakshmi pre-deceased their children A.V. Saradha and A.V. Subramanian.

3. The 3rd petitioner examined herself as P.W.1 and marked Exs. P1 to P8. The Original Will dated 06.01.2017 has been marked as Ex.P2. The downloaded copy of the death certificate of Late A.V. Vasantha issued by the Greater Chennai Corporation has been marked as Ex.P3. The general paper publication has been effected in compliance with the mandate of Indian Succession Act and pursuant to the orders of the learned Master. One of the attesting witnesses, by name, Mr.P. Parthasarathi, S/o. Mr. Parasuraman, has been examined as P.W.2. His evidence confirms the factum of due execution 2\6

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OP No. 151 of 2024 and attestation of the Will and that the testatrix was in a sound and disposing state of mind and in good health at the time of execution of the Will. The evidence of P.W.2 also satisfies the requirements of Section 63(c) of Indian Succession Act, 1925 read with Section 67 of Bharatiya Sakshya Adhiniyam, 2023 (Section 68 of Indian Evidence Act, 1872). The Will is therefore proved to be duly executed and attested in the manner known to law. In the light of the above, I am inclined to grant Letters of Administration in favour of the petitioners.

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 petitioners, with the Will dated 06.01.2017, annexed;

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

(iii) The petitioners 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;

(iv) The petitioners are further directed to make a full and true inventory of the property and credits of the deceased testatrix, A.V. Vasantha, 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 3\6

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OP No. 151 of 2024 the property and credits of the testatrix, within one year from the date of obtaining the grant; and

(v) Considering the relationship between the parties, there shall be no order as to costs. 15-10-2026 nv Neutral Citation : Yes/No 4\6

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OP No. 151 of 2024 Witnesses examined on the side of the petitioners: P.W.1 – Mrs.Savithri Chandrasekar P.W.2 – Mr.P. Parthasarathi Documents exhibited by the petitioner: Exhibits Description Ex.P1 Photocopy of the Sale deed dated 25.08.1998 executed by Ismathlnun Batcha in favour of the testatrix Late A.V. Vasantha Ex.P2 Original Will and Testament of Late A.V. Vasantha dated 06.01.2017 Ex.P3 Downloaded copy of the Death Certificate of Late A.V. Vasantha dated 09.02.2023 Ex.P4 Downloaded copy of the Encumbrance Certificate in respect of the property covered under the Will Ex.P5 Photocopy of the Aadhaar Card of 1st petitioner Visalakshi Ex.P6 Photocopy of the Aadhaar Card of 2nd petitioner Durga Venkatesh Ex.P7 Photocopy of the Aadhaar Card of 3rd petitioner Savithri Chandrasekar Ex.P8 Webcopy of Guideline value of the property Ex.P9 Photocopy of the Aadhaar Card of P. Parthasarathi (1st attesting witness) 15.10.2026 5\6

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OP No. 151 of 2024 P.B.BALAJI J. nv OP No. 151 of 2024

15-10-2026 6\6

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