OP/567/2025 of Krishnamurthy Swaminathan @ S.Krishnamurthy Vs Sriram Swaminathan @ S.Sriram on 14 October 2026

ORDER

This petition has been filed under Sections 232 and 276 of the Indian Succession Act (39) of 1925 read with Order XXV, Rule 5 of Original Side Rules, seeking to grant of Letters of Administration.

2. The petitioner is the son of late R.Swaminathan, who died on 15.02.2013 leaving behind a Will dated 29.04.2010. The petitioner is the son of the deceased testatrix. The respondent is the other legal representative, who is the brother of the petitioner. The respondent has given consent affidavit, expressing no objection for grant of Letters of Administration in favour of the beneficiary under the Will viz., the petitioner.

3. In fact, the Will has been attested by Krishnamurthy and Uma Anand, who have also filed their affidavits. They have filed their affidavits of attesting witness, besides also examining themselves before the Master.

4. On going through the evidence of P.Ws.1 to 3, I am satisfied that the petitioner has proved due execution and attestation of the Will. Hence, the petitioner is entitled for the grant of Letters of Administration in his favour, with the Will of late R.Swaminathan, who died on 15.02.2013 (annexed.)

OP No. 567 of 2025

5. 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 29.04.2010, 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 within a period of six weeks from the date of receipt of a copy of this order uploaded in the High Court Website.

(iv) The petitioner is further directed to make a full and true inventory of the property and credits of the deceased testatrix, 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

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

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RNA

OP No. 567 of 2025

To The Sub Assistant Registrar, Original Side, High Court, Madras Witnesses examined on the side of the petitioner: P.W.1 - Krishnamurthy Swaminathan P.W.2 - Krishnamurthy P.W.3 - Uma Anand Documents exhibited by the petitioner: Exhibits Description Ex.P1 Original Death certificate of petitioner's mother Mrs.Saraswati Swaminathan dated 27.04.2010. Ex.P2 Original Will executed by the Petitioner's Father, Deceased Mr.Ramadurai Swaminathan dated 29.04.2010. Ex.P3 Photocopy of sale deed Document No.193/2012 in Ramadurai Swaminathan dated 11.01.2012. (Original produced verified and returned) Ex.P4 Online copy of death certificate of petitioner's father Mr.Ramadurai Swaminathan dated 15.02.2013. (Section 63(4)(c) certificate of the Bharatiya Sakshya Adhiniyam (BSA)). Ex.P5 Photocopy of passport of the petitioner's father Mr.Ramadurai Swaminathan. (Original produced verified and returned). Ex.P6 Photocopy of PAN Card of the petitioner's father Mr.Ramadurai Swaminathan. (Original produced verified and returned). Ex.P7 Photocopy of passport of the petitioner. (Original produced verified and returned).

OP No. 567 of 2025

P.B.BALAJI, J. RNA OP No. 567 of 2025