Madras High Court
OP/255/2025 of V.Munshi Vs V.Seshaiah and 4 Others on 12 October 2026
O.P. No. 255 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.10.2026
CORAM
THE HONOURABLE MR. JUSTICE P.B. BALAJI
O.P. No. 255 of 2025
V. Munshi
..Petitioner
Vs.
1.
Dr.V. Seshaiah
2.
V. Kokila
3.
Ramani Manavalan
4.
S. Sarukesh
5.
S. Naresh
..Respondents
Prayer:
Petition filed under Sections 232 & 276 of the Indian Succession Act read with Order XXV Rule 5 of the O.S. Rules seeking grant of Letters of Administration with the Will annexed to the petitioner as grandson/legatee under the Will of the deceased V.B. Veeraswamy Reddiar, dated 23.10.1992, having effect throughout the State of Tamil Nadu.
O.P. No. 255 of 2025
For Petitioner
:;
Mr.Y. Prakash
For Respondents
::
Mr.S. Vaiduriya for R1 to R5
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R
This Original Petition has been filed seeking grant of Letters of Administration with the Will annexed of one Late V.B. Veeraswamy Reddiar.
2. The petitioner is the grandson of the testator. The 1st respondent is the son of the testator and respondents 2 and 3 are sisters of the petitioner. The 4th and 5th respondents are the great grandsons of the testator. All the respondents have given consent affidavits expressing “No Objection” for grant of Letters of Administration as prayed for with the Will annexed in favour of the petitioner and it is seen from the orders of the learned Master that general publication has been effected as required under the provisions of the Indian Succession Act as well.
3. The petitioner had examined himself as P.W.1 and marked Exhibits P1 to P12. The Original Will dated 23.10.1992 executed by the testator has been marked as Ex.P1. The death certificate of Late V.B. Veeraswamy Reddiar has been marked as Ex.P5. From the evidence of
O.P. No. 255 of 2025 P.W.1, I am satisfied that the petitioner has duly satisfied the factum of testamentary demise of Late V.B. Veeraswamy Reddiar.
4. Insofar as proof of due execution and attestation of Will as mandated under Section 67 of Bharatiya Sakshya Adhiniyam, 2023 (‘BSA’ in short) is concerned, the petitioner has not been able to strictly comply with the same. However, a third party, being the grandson of one of the attesting witnesses by name Late B. Ramudu, has been examined as P.W.2, to identify his signature.
5. I have gone through the evidence of P.W.2 and I am satisfied that the evidence of P.W.2 satisfies the requirements of Section 68 BSA, 2023 .
6. Insofar as the further requirement of proof of signature of the testator is concerned, the 1st respondent has filed an affidavit affirming the signature of the testator himself.
7. In the light of the above, the requirements of Section 68 BSA stand satisfied and I am satisfied that the Will is proved in the manner known to law. The petitioner, as a legatee, is entitled to grant of Letters of Administration, subject to his executing a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), in favour of the Assistant
O.P. No. 255 of 2025 P.B. BALAJI,J. nv Registrar (Original Side) within a period of four weeks from the date on which the order is uploaded in the website of Madras High Court.
8. The original petition is ordered accordingly. 12.10.2026 nv O.P. No. 255 of 2025