Madras High Court
OP/394/2023 of S.Kalavathi Vs Manickam and 4 Others on 12 October 2026
OP No. 394 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 394 of 2023
CNR: {HCMA011365002022}
S.Kalavathi
W/o.Mr.Subramani,
Residing at No.10, III Main Road,
Kandhasamy Street,
Pattabiram, Chennai - 600 072.
..Petitioner(s)
Vs
1. Manickam
S/o.Late Subramania Nadar,
C/o.Joseph Tea Stall,
Kasiapuram, Nallur Vilakku,
Tenkasi District.
2. Anandan
S/o.Late Subramania Nadar,
No.11/11, 5thStreet,
Kannagi Nagar, Korukkupettai,
Chennai - 600 021.
3. Yuvaraj
S/o.Late Subramania Nadar,
No.30/3, 9th Street,
Vinoba Nagar, IOC,
Chennai - 600 081.
4. Sivaprakasam
S/o.Late Subramania Nadar,
No.29/57, 7th Street,
Ezhil Nagar, MGR Nagar,
Chennai - 600 118.
5. Koteeswaran
S/o.Late Subramania Nadar,
No.34/66, Annai Sathya Nagar,
Periyar Street, Kodungaiyur,
Chennai - 600 118.
..Respondent(s)
OP No. 394 of 2023
PRAYER:This Original Petition is filed under Section 232 and 276 of the Indian Succession Act, 1925 and under Order XXV Rule 5 of the Madras High Court, Original Side Rules, 1956, prays that Letters of Administration with Will annexed may be granted to the petitioner as the daughter/legatee under the Will of the deceased Late.Elangavathiammal to have effect limited to the State of Tamil Nadu.
For Petitioner(s):
Mr.Manoj Sreevalsan
for Mr.R.T.S.Kannan
For Respondent(s):
No Appearance
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ORDER
Heard learned counsel for the petitioner Mr.Manoj Sreevalsan. Despite service of notice on the respondents and respondents 1, 4 and 5 having also entered appearance through Counsel, till date, no caveat has been filed as required under Order 25 of the Original Side Rules of the Madras High Court. Hence, I presume that the respondents 1, 4 and 5 have no objection for grant of Letters of Administration as prayed for by the petitioners. Respondents 2 and 3 have also been served and their names are also printed in the today's cause list. They have also not come forward, to either object, or given consent for the request of grant of Letters of Administration in favour of the petitioner.
OP No. 394 of 2023
2. This Original Petition has been filed for grant of Letters of Administration of last Will and testament dated 12.10.2017, the same has been marked as Ex.P1. The testatrix died on 23.01.2018 and the original death certificate has been marked as Ex.P2. A general paper publication has also been effected as directed by this Court and in compliance with the provisions of the Indian Succession Act.
3. The petitioner has examined herself as P.W.1 and the attesting witnesses have been examined as P.W.2 and P.W.3 and marked Ex.P1 to Ex.P11. Ex.P1 is the original Will executed by the Testatrix, Elangovathi Ammal on 12.10.2017. She subsequently died on 23.01.2018, the death certificate of the Testarix has also been filed as Ex.P2. I have gone through the petition averments as well as the oral evidence adduced by P.W.1 to P.W.3, evidence satisfies the factum of death of the deceased Testatrix, leaving behind as testamentary instrument. P.W.2 and P.W.3 as the attesting witness have examined themselves before the learned Master. They have stated that the Will was executed in their presence and they were both known to the Testatrix. I am satisfied that the evidence of P.W.1 to P.W.3, comply with the mandate of Section 63(c) of the Indian Succession Act r/w Section 67 of BSA (Section 68 of the Indian Evidence Act). In the light of the above, I am inclined to grant Letters of Administration in favour of the petitioner, as prayed for.
OP No. 394 of 2023
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 12.10.2017, 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, Mrs.Elngovathiammal, 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.
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP
OP No. 394 of 2023
Witnesses examined on the side of the petitioner: P.W.1 – Mrs.Kalavathi P.W.2 – Mr.S.Kannan P.W.3- Mr.A.Jayaseelan Documents exhibited by the petitioner: Exhibits Description Ex.P1 The original Will dated 12.10.2017 executed by Mrs.Elangovathiammal. Ex.P2 The Computer generated death certificate of Mrs.S.Elangovathiammal. Ex.P3 The online printout of guideline value of the schedule mentioned property. Ex.P4 The certificate under Section 65B of the Indian Evidence Act, 1871. Ex.P5 The affidavit of assets showing the net value of the estate as Rs.6,30,141/-. Ex.P6 The copy of the paper publication effected in one issue of Tamil Daily "Malai Malar" dated 03.05.2024. Ex.P7 The copy of the paper publication effected in one issue of English Daily "Trinity Mirror" dated 11.05.2024. Ex.P8 The certified copy of the partition deed dated 19.10.1987. Ex.P9 Photocopy of P.W.1 Aadhaar Card. Ex.P10 Photocopy of P.W.2 Aadhaar Card. Ex.P11 Photocopy of the Aadhaar Card of P.W.3.
RKP
OP No. 394 of 2023
P.B.BALAJI, J. RKP OP No. 394 of 2023