OP/683/2023 of Madhubala Pratap Vs Neha Allathur and another on 15 October 2026

O R D E R

This Original Petition has been filed under Sections 228 and 276 of Indian Succession Act XXXIX of 1925 r/w Order XXV Rule 5 of 1\6

O.P. No. 683 of 2023 O.S. Rules seeking grant of Letters of Administration of a foreign Will that has also been proved and deposited before the King County, Superior Court, Washington, United States of America. This Court, after scrutinising the evidence adduced by the petitioner as P.W.1 and the documents marked as Exs.P1 to P25, by order dated 07.09.2026, pointed out three discrepancies and directed the learned counsel for the petitioner to address the same.

2. Today, in compliance with the said order dated 07.09.2026, Mr.P Vasanthkumar Visweswaran, learned counsel for the petitioner has filed the original probate order. At the time of filing of O.P., a certified copy of the probate order granted by the foreign Court was filed along with the O.P. However, today, along with a memo, learned counsel for the petitioner, has filed an exemplified copy of the Last Will and Testament of Vidhubala Srinivasan, the testatrix and an exemplified copy of the order admitting Ms.Vidhubala Srinivasan’s Will to probate, both certified by the Apostille in original. Thus, the first concern of the Court has been addressed.

3. As far as the second concern relating to the portion of the probate order referring to Will as ‘such Wills and Codicils’ along with the main order, the learned counsel, who had argued and obtained order in the foreign Court has issued a certificate stating that there was no codicil and 2\6

O.P. No. 683 of 2023 only the Last Will and Testament dated 1st February, 2006 of Ms. Vidhubala Srinivasan was admitted to probate before the foreign Court. Therefore, the second concern of Court has also been addressed.

4. As regards the third concern relating to age of the daughters/respondents, who were reflected as minors in the foreign probate order dated 08.09.2016, today, learned counsel for the petitioner has filed affidavits of those minors/daughters of Ms. Vidhubala Srinivasan that they have attained majority. Their affidavits are notarized and accompanied with self-attested copies of birth certificates and copies of passports. On going through the same, I am satisfied that as on date, they are not minors any longer and since at the time of grant of probate by the foreign Court, they were minors, the foreign probate order reflected them as minors.

5. In the light of the above, I do not find any impediment for grant of Letters of Administration as prayed for under Section 228 of Indian Succession Act, 1925.

6. Since the O.P. is being entertained under Section 228 of Indian Succession Act, 1925, Registry shall not require or insist upon execution of an administration bond since Section 291 of Indian Succession Act, 1925 3\6

O.P. No. 683 of 2023 requires execution of bond only where the grant is made under Section 241 of the said Act.

7. In fine,

(i) This Original Petition is ordered as prayed for and Letters of Administration, having effect throughout the State of Tamil Nadu, shall be issued in favour of the petitioner, with the Will dated 01.02.2006, 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 is further directed to make a full and true inventory of the property and credits of the deceased testatrix, Ms. Vidhubala Srinivasan, to be made and the same be exhibited before this Court, within six months from the date of grant of Letters of Administration to her 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; and

(iv) Considering the relationship between the parties, there shall be no order as to costs.

nv Witnesses examined on the side of the petitioner: P.W.1 Mrs. Madhubala List of Exhibits marked on the side of the petitioner: Exhibits Description of Documents Ex.P1 Certified copy of the Last Will and Testament dated 01.02.2006 of Late Vidhubala Srinivasan. Ex.P2 Computer Generated Death Certificate of C.Srinivasan. 4\6

O.P. No. 683 of 2023 Ex.P3 Photocopy of the Legal Heirship Certificate of C.Srinivasan. Ex.P4 Computer Generated Death Certificate of (Late) Vidhubala Srinivasan. Ex.P5 Certified probate order granted by the Superior Court of the State of Washington, in and for the County of King and vide its order 16.4.04782-1 SEA. Ex.P6 Photocopy of the sale deed dated 18.10.1996, Document No. 2299/1996. Ex.P7 Photocopy of the sale deed dated 10.05.1996, Document No. 2254/1996. Ex.P8 Photocopy of the sale deed dated 16.04.1997, Document No. 2354/1997. Ex.P9 Photocopy of the sale deed dated 30.08.2000, Document No. 2173/2000. Ex.P10 Photocopy of the sale deed dated 23.04.2006, Document No. 8872/2006. Ex.P11 Photocopy of the sale deed dated 10.03.2008, Document No. 1060/2008. Ex.P12 Photocopy of the sale deed dated 12.04.1984, Document No. 1799/1984. Ex.P13 Photocopy of the sale deed dated 06.11.1986, Document No. 5477/1986. Ex.P14 Original sale deed dated 23.04.2006, Document No. 8871/2006. Ex.P15 Original sale deed dated 23.04.2007, Document No. 10759/2007. Ex.P16 Photocopy of the sale deed dated 12.03.2010, Document No. 2294/2010. Ex.P17 Photocopy of the sale cum construction agreement dated 25.02.2009. Ex.P18 Photocopy of the sale deed dated 30.04.2010, Document No. 3064/2010. Ex.P19 Photocopy of the construction agreement dated 27.05.2010. Ex.P20 Photocopy of the sale deed dated 27.05.2010, Document No. 5309/2010. Ex.P21 Photocopy of the sale deed dated 19.10.2010, Document No. 10124/2010. Ex.P22 Copy of the paper publication effected in one issue in English daily “Trinity Mirror” dated 02.01.2026. Ex.P23 Copy of the paper publication effected in one issue in Tamil Daily “Makkal Kural” dated 14.08.2025. Ex.P24 Affidavit of assets showing the estate of the net value of Rs.1,89,90,000/-. Ex.P25 Certificate filed under Section 63(4)(C)of BSA for electronic documents.

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O.P. No. 683 of 2023 P.B. BALAJI,J. nv O.P. No. 683 of 2023 15.10.2026 6\6