Madras High Court
OP/7/2026 of J. Kowsalya@ J. Kausalya Vs J. Padmavathy and 10 others on 12 October 2026
OP No. 7 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 7 of 2026
CNR: {HCMA012530132025}
J. Kowsalya@ J. Kausalya
..Petitioner(s)
Vs
1. J. Padmavathy
2. A.Jaisankar
3. P.Shanthi
4. C.Vimala
5. C.Naveen
6. C.Parvathy
7. C.Nandish
8. C.Guruprasad
9. Gopalakrishnan
10.G.Santosh
11.G.Pavithra
..Respondent(s)
That Letters of Administration with the Will annexed may be granted to her as the daughter/beneficiary/legatee under the Will of the Said Deceased having effect limited to State of Tamil Nadu. Gross amount of Rs.60,00,000/- and Net amount of Rs.60,00,000/- Succession Duty of Rs.25,000/- paid on 22.04.2026
by e-C/F D.No.14168/2026.
For Petitioner(s):
M/s.Manne Ramya
For Respondent(s):
M/s.S.Saran Prasad for RR4 to 11
No appearance for RR1 to 3
OP No. 7 of 2026
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ORDER
This Original Petition has been filed for grant of Letters of Administration with the Will annexed to the petitioner, as the daughter/beneficiary/legatee under the Will of the said deceased, having effect limited to State of Tamil Nadu.
2. I find that the respondents 4 to 11 have already entered appearance through counsel and have filed consent affidavits, expressing no objection for the grant of Letters of Administration with a Will annexed of late Kamala Bai to the petitioner as prayed for.
3. The petitioner is none else than the daughter of late Kamala Bai. The respondents 1 to 3 are the children, being daughters and son of a predeceased daughter of the testatrix by name, Hamsaveni. Insofar as the respondents 1 to 3, service is complete and their names are also printed in today’s cause list.
4. On going through documents and petition averments, I find that the said Kamala Bai died on 23.10.1999 at Vellore. The original Will dated 22.08.1999 is also produced before this Court. The computer generated death certificate has also been taken on record, pursuant to A.No.4190 of 2026 being ordered.
OP No. 7 of 2026
5. I have also gone through the original Will, which is attested by two witnesses, namely V.M.Shanmugam and C.N.Kannan. The 1st attesting witness, V.M.Shanmugam has filed his affidavit dated 17.09.2025, stating that he acquainted with the deceased testatrix and that on 22.08.1999, when the Will was executed by the testatrix at her residence, he was present along with the other attesting witness, C.N.Kannan. The affidavit of V.M.Shanmugam satisfies the mandate of Section 63(c) of Indian Succession Act r/w Section 67 of BSA (Section 68 of the Indian Evidence Act). A general paper publication has also been effected pursuant to the orders of the learned Master. I am satisfied that the petitioner has proved due execution and attestation of the last Will and testament of late Kamala Bai and as a beneficiary, the petitioner is entitled to grant of Letters of Administration with the said Will of Kamala Bai annexed.
6. In fine,
(i) This Original Petition is allowed 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 22.08.1999 of late Kamala Bai, 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; and
OP No. 7 of 2026
(iv) The petitioner is further directed to make a full and true inventory of the property and credits of the deceased testatrix, Kamala Bai, 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. 12-10-2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA
OP No. 7 of 2026
P.B.BALAJI, J. ATA OP No. 7 of 2026 12-10-2026