Madras High Court
OP/379/2024 of N.Sudarsan Vs Shanthi Xavier on 8 October 2026
OP No. 379 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 379 of 2024
CNR: {HCMA011859632023}
N.Sudarsan
..Petitioner(s)
Vs
Shanthi Xavier
..Respondent(s)
That a Letters of Administration with a Will annexed of deceased S.Narayana Moorthy may be granted to the petitioner herein as son/beneficiary under the Will dated 30.04.1990 to have effect throughout the State of Tamil Nadu (Gross Amount of Rs.1,00,13,000/- and Net Amount of Rs.1,00,03,000/-)
Suc.duty of Rs.25,000/- at the time of filing.
For Petitioner(s):
Mr.Prakash Goklaney
For Respondent(s):
No appearance
Mr.M.Palanimuthu, Advocate Commissioner
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ORDER
Heard, the learned counsel for the petitioner.
2. The petitioner has filed the instant Original Petition for the grant of Letters of Administration of the last Will and testament of late S.Narayana Moorthy, who is none else than the father of the petitioner. The said S.Narayana
OP No. 379 of 2024
Moorthy died, leaving behind a registered Will dated 19.02.2001 and also the petitioner and the respondent, as his only surviving legal heirs, being son and daughter.
3. At the time of filing of the Original Petition, the respondent has given her consent affidavit, expressing no objection for the grant of Letters of Administration, with the Will annexed. However, subsequently there was a delay in numbering the OP, on account of translation of the Will, as required under OS Rules, the original Will having been typed in Tamil vernacular language. In the interregnum period, the respondent has recalled her consent affidavit, stating that she would come forward with her better affidavit. However, no such better or consent affidavit was thereafter filed. However, at the same time, the respondent has not filed caveat or any objection to the grant of Letters of Administration, as required under Order XXV of OS Rules, which entitles the respondent to contest the proceedings. Dehors the same, the respondent has been served with notice in the O.P and she has neither come forward to appear in person nor through counsel.
4. The petitioner has been examined as P.W.1 and marked Ex.P1 to Ex.P11. The general paper publications in Tamil daily and English daily, as directed by this Court, have also been effected. The learned Advocate Commissioner has examined the attesting witness, R.Sampoorna Kameshwaran
OP No. 379 of 2024
@ R.S.Kameshwaran, at his residence, pursuant to the order passed by this Court in A.No.3721 of 2026 dated 03.09.2026. In fact, I find that along with the O.P, the petitioner has filed the affidavit on attesting witness of R.Sampoorna Kameshwaran @ R.S.Kameshwaran dated 01.09.2023, which complies with the requirement of Section 63(c) of the Indian Succession Act r/w Section 67 of BSA (Section 68 of the Indian Evidence Act).
5. The Advocate Commissioner’s report, enclosing the sworn affidavit also affirms the averments set out in the said affidavit of attesting witness. I am satisfied that the petitioner has made out a case for grant of Letters of Administration, with the Will annexed, the Will having been duly proved and having come into effect on the demise of the testator, S.Narayana Moorthy on 18.01.2008.
6. 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 19.02.2001, 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;
OP No. 379 of 2024
(iv) The petitioner is further directed to make a full and true inventory of the property and credits of the deceased testator, S.Narayana Moorthy, to be made and the same be exhibited before this Court, within six months from the date of grant of Letters of Administration to him and also to render a true account of the property and credits of the testator, within one year from the date of obtaining the grant;
(v) Considering the relationship between the parties, there shall be no order as to costs; and
(vi) The Advocate Commissioner shall be paid a sum of Rs.10,000/- towards additional remuneration by the petitioner on or before 16.10.2026. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA Witnesses examined on the side of the petitioner: P.W.1 – N.Sudarsan Documents exhibited by the petitioner: Exhibits Description Ex.P1 Photocopy of the registered sale deed bearing Doc.No.1627/1971 dated 05.07.1971. Ex.P2 Photocopy of the rectification deed bearing Doc.No.3053/1971 dated 14.12.1971. Ex.P3 Photocopy of the rectification deed bearing Doc.No.494/1977 dated 21.07.1977. Ex.P4 Original registered Will bearing Doc.No.9/2001, on the file of the Sub-Registrar, T.Nagar dated 19.02.2001.
OP No. 379 of 2024
Ex.P5 Photocopy of the death certificate of the deceased S.Narayan Moorthy dated 18.01.2008. Ex.P6 Computer generated death certificate of late N.Venkatalakshmi dated 28.03.2021. Ex.P7 Photocopy of the Aadhaar card of the petitioner. Ex.P8 Photocopy of the publication of one issue in Tamil daily “Makkal Kural” dated 26.12.2025. Ex.P9 Photocopy of the publication of one issue in English daily “Trinity Mirror” dated 06.01.2026. Ex.P10 Affidavit of Assets with net value of Rs.1,00,03,000/-. Ex.P11 Certificate filed under Section 63 of BSA, 2023. 08.10.2026
OP No. 379 of 2024
P.B.BALAJI, J. ATA OP No. 379 of 2024 08-10-2026