OP/105/2025 of E.Manoharan Vs E.Malathi and 4 Others on 8 October 2026

ORDER

This original petition has been filed for grant of letters of administration of joint Will of late K.Ekambaram, died on 22.06.1999 and late E.Shantha, died on 14.03.2021. They were survived by the petitioner and second respondent/two sons, the first respondent/daughter, third respondent/daughter-in-law and grand children through the son E.Mageshwaran, who died on 28.02.2023 after the demise both the father and mother. The joint Will dated 12.08.1992 is a registered instrument executed before the Sub Registrar, Purasawalkam. The said Will has been attested by one K.P.Shanmugam and one S.Saraswathy.

2. The first attesting witness K.P.Shanmugam is admittedly not alive. However, along with the O.P., affidavit of the second attesting witness S.Saraswathy was filed in support of the due execution and attestation of the said joint Will executed by K.Ekambaram and E.Shantha. This Court had directed the parties to lead evidence for proving due execution and attestation of the Will. Since the first attesting witness had passed away, the petitioner attempted to examine second attesting witness. An application for appointment of Advocate

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OP No. 105 of 2025

Commissioner was taken out and the same was allowed by this Court, in pursuance of which, the Advocate Commissioner attempted to record the evidence of said S.Saraswathy, the second attesting witness. However, the Commissioner was denied permission to even enter the house by the daughter of said S.Saraswathy. In fact, even at the time of filing of the application, a medical certificate was filed to support the requirement of appointment of Advocate Commissioner since the said S.Saraswathy was very aged and bedbound and was suffering from several ailments.

3. In view of the inability to examine S.Saraswathy, the petitioner took out another application in A.No.3848 of 2026 for examining the third party by name K.Saravanan, who was acquainted with the signature of the second attesting witness S.Saraswathy. This Court had also allowed the said application, pursuant to which, the said Saravanan has also adduced evidence before this Court.

4. The respondents have given their consent affidavits, expressing no objection for grant of letters of administration in favour of the petitioner.

5. Necessary paper publication as required under the provisions of the Indian Succession Act was effected and evidence was recorded by the learned Master. The petitioner examined himself as P.W.1 and marked Exs.P1 to P8 including the original joint Will dated 12.08.1992 executed by K.Ekambaram and E.Shantha, legal heirship certificate of

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K.Ekambaram as well as death certificate of both K.Ekambaram and E.Shantha. The petitioner has therefore discharged the burden to prove the demise of the testator and testatrix, who have executed the joint Will on 12.08.1992, thereby the said joint Will has also come into effect. The legal heirship certificate evidences that apart from the petitioner and the respondents, there are no other class 1 legal heirs, who survived the testator and testatrix. The respondents, as already indicated above, have given their consent affidavits, expressing no objection for grant of letters of administration in favour of the petitioner as prayed for. Pursuant to the order passed by this Court in A.No.3848 of 2026, evidence of one K.Saravanan has been recorded. He has stated that he acquainted with the signature of the second attesting witness, who is none other than the daughter of his paternal uncle. He has stated that he is well acquainted with Saraswathy’s signature and he has identified the signature of Saraswathy in the original Will marked as Ex.P2.

6. In view of the above, I am satisfied that the petitioner has duly proved the due execution and attestation of the Will as required under the provision of Section 63(1) r/w Sections 68 and 69 of the Indian Evidence Act. Issue Letters of Administration in favour of the petitioner. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioner is also directed to 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),

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OP No. 105 of 2025

High Court, Madras, within a period of six weeks from the date of receipt of a copy of this order. The petitioner is further directed to render true and correct accounts once in six months. 08.10.2026 Index: Yes/No Neutral Citation: Yes/No mmi

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OP No. 105 of 2025

P.B.BALAJI, J. mmi OP No. 105 of 2025 08.10.2026

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