Madras High Court
OP/4/2026 of D.Saraswathi Priya Vs No Respondent on 13 October 2026
O.P.No.4 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI
O.P.No.4 of 2026
CNR:{HCMA010873082022}
Mrs. D.Saraswathi Priya,
W/o. Dharmalingam,
No.8, Kalaivanar Street,
Anakaputhur, Kancheepuram,
Kancheepuram District - 600 070.
… Petitioner
Vs.
No Respondent
Nil
… Respondent
Prayer: Original Petition has been filed under Section 232 and 276 of the Indian Succession Act 1925 read with Order XXXIX of 1925 and Order XXV
Rule 5 of Original Side Rules pleased that Letter of Administration with the Will annexed of the property and credits may be granted to the petitioner as niece/beneficiary under the Will of the said deceased T.Padmini having effect limited to the State of Tamil Nadu.
For Petitioner:
M/s.Ananya Prabakar,
for M/s. B.Sanjay Balachandar
O.P.No.4 of 2026
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O R D E R
The Original Petition has been filed seeking the grant of letters of administration in respect of the Will dated 18.07.2021 executed by late T.Padmini, wife of S.P.Thenappan.
2. The petitioner is the paternal niece of the testatrix, T. Padmini. It is stated that the testatrix and her husband died without any issues.
3. The petitioner examined herself as P.W.1 and marked Ex.P1 to Ex.P7. The original Will dated 18.07.2021 executed by the Testatrix was marked as Ex.P1. The death certificate of the testatrix was marked as Ex.P2 and the death certificate of her husband was marked as Ex.P3. The paper publication in compliance with the provisions of the Indian Succession Act was also effected and the copy of the publication has been marked as Ex.P6 series.
4. The petitioner’s evidence satisfies that the testatrix died leaving behind the Will. In view of the averments set out in the petition as well as the evidence in chief by way of proof affidavit, it is seen that the testatrix and her husband did not have any issues and therefore, excepting the petitioner, who is the paternal niece of the deceased testatrix, there are no other surviving legal heirs for the deceased late T.Padmini.
O.P.No.4 of 2026
5. Insofar as the proof of the due execution and attestation of the Will, Ex.P.1 dated 18.07.2021, two attesting witnesses were examined as P.W.2 and P.W.3.
6. Apart from filing their affidavits of attesting witnesses, they have also entered the witness box and spoken about the execution of the Will by T.Padmini on 18.07.2021. P.W.2 has stated that he was present at the time of registration of the Will on 19.07.2021. The evidence of P.W.2, may not be sufficient to prove the due execution and attestation of the Will, which was executed a day earlier.
7. P.W.3, Mr.Palani who has spoken about the execution of the Will on 18.07.2021. He has stated that he had known the testatrix for about a decade and that he has attested Ex.P1 as the second attesting witness. He further stated that the testatrix was in a sound and disposing state of mind and in good health at the time of execution of the Will. His evidence also satisfies the requirement of Section 63(c) of the Indian Succession Act, 1925, read with Section 68 of the Indian Evidence Act, 1872, and now Section 67 of BSA, 2023.
O.P.No.4 of 2026
8. Upon consideration of the pleadings and evidence, the Court is satisfied that the petitioner has proved the due execution and attestation of the Will and is entitled to the grant of Letters of Administration.
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 18.07.2021, 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;
(iv) The petitioner is further directed to make a full and true inventory of the property and credits of the deceased testatrix, T.Padmini, 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.
Index :Yes/No. Internet :Yes/No. bsm
O.P.No.4 of 2026 Petitioner's witness: P.W.1 - Mrs.Saraswathi Priya. P.W.2 - C.Sri Perumaal P.W.3 - Mr. Palani Documents marked: Exhibits Documents Ex.P.1 Original Will dated 18.07.2021 executed by T.Padmini. Ex.P.2 Computer generated death certificate of T.Padmini Ex.P.3 Computer generated death certificate of S.P.Thenappan Ex.P.4 Photocopy of the sale deed dated 20.04.1989 executed by V.Muthu in favour of T.Padmini Ex.P.5 Affidavit of assets showing the net value of estate for a sum of Rs.50,00,000/- Ex.P.6 (series 2 nos) The copies of paper publication effected in one issue of Tamil daily “Makkal Kural” dated 08.05.2026 and in one issue of English daily “Trinity Mirror” dated 16.05.2026. Ex.P.7 Certificate filed under Section 63(4)(c) of BSA. Ex.P.8 Photocopy of C.Sri Perumaal Aadhaar Card. Ex.P.9 Photocopy of Palani Aadhar Card.
Index :Yes/No. Speaking/Non-speaking order Neutral Citation :Yes/No. bsm
O.P.No.4 of 2026 P.B.BALAJI J. bsm O.P.No.4 of 2026