Madras High Court
OP/507/2025 of M.Subhiksha and another Vs V.S.Murali alias Murali kumar and another on 8 October 2026
OP No. 507 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 507 of 2025
CNR: {HCMA010346762020}
1. M.Subhiksha
D/o.V.S.Murali alias Murali Kumar,
No.60/2, Anna Colony,
1st Cross Street, Besant Nagar,
Chennai 600 090.
2. C.Deepthi @ Deepika
D/o. T.V. Chandrashekar,
No.133, 3D Cross, Near Kasturi Nagar Club, Kasthuri Nagar, Bangalore North, Bangalore, Karnataka 560 043.
..Petitioners
Vs
1. V.S.Murali alias Murali Kumar
S/o. Sivaprakasam,
No.60/2, Anna Colony,
1st Cross Street, Besant Nagar,
Chennai 600 090.
2. Jamuna Murali Kumar
W/o.V.S.Murali alias Murali Kumar,
No.60/2, Anna Colony,
1st Cross Street, Besant Nagar,
Chennai 600 090.
..Respondents
Original Petition filed under Sections 232 and 276 of the Indian Succession Act r/w Order XXV Rule 5 of O.S. Rules seeking Letters of Administration in favour of the petitioners.
( Uploaded on: 14/10/2026 06:24:30 pm )
OP No. 507 of 2025
For Petitioners:
Mr.T.Jayaramaraj
For Respondents:
Mr.I.Jeyasunder Victor
Ms.S.G.Alli Chandrakumar
Advocate Commissioner
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.
ORDER
This original petition has been filed for the grant of Letters of Administration in respect of the last Will and Testament of the deceased Saraswathi Neelakandan.
2. Petitioners are the granddaughters of the deceased Saraswathi Neelakandan. The first and second respondents are the father and mother of the first petitioner respectively, who are the other legatees, who may be inheriting the shares, but for the testamentary instrument executed by the testatrix, late Saraswathi Neelakandan. Since the executor appointed under the Will passed away, the legatees have now come forward seeking for grant of letters of administration.
3. At the instance of the petitioners, an application was taken out in A.No.3630 of 2026 and Ms.S.G.Alli Chandrakumar was appointed as the Advocate Commissioner to examine the attesting witness Mr.M.J.Kothandaraman at his residence. Pursuant to the said order obtained from this Court, learned Advocate Commissioner has examined the attesting witness and she has also filed a report.
( Uploaded on: 14/10/2026 06:24:30 pm )
OP No. 507 of 2025
4. On going through the memo filed by the Advocate Commissioner and the transcript of evidence recorded by the Advocate Commissioner, I find that the attesting witness has identified his signature and also the signature of the testatrix Saraswathi Neelakandan. He has also given evidence in compliance with the requirement of Section 63 read with Section 68 of the Indian Evidence Act. The petitioners have therefore proved due execution and attestation of the Will. The death certificate of the deceased Saraswathi Neelakandan evidences the fact that she passed away and the last Will and testament dated 21.11.2000 has come into effect. The respondents have given their consent affidavits, expressing no objection for grant of letters of administration as prayed for by the petitioners. Petitioners have also effected general publication as required under the provisions of Indian Succession Act.
5. In view of the above, this Original Petition is allowed. Issue Letters of Administration in favour of the petitioners. The petitioners are directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioners are 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), High Court, Madras, within a period of six weeks from the date of receipt of a copy of this order. The petitioners are further directed to render true and correct accounts once in six months.
( Uploaded on: 14/10/2026 06:24:30 pm )
OP No. 507 of 2025
6. Additional remuneration of Rs.15,000/- (Rupees Fifteen Thousand only) shall be paid by the petitioners to the Advocate Commissioner on or before 16.10.2026. 08.10.2026 Index: Yes/No Neutral Citation: Yes/No mmi
( Uploaded on: 14/10/2026 06:24:30 pm )
OP No. 507 of 2025
P.B.BALAJI, J. mmi OP No. 507 of 2025 08.10.2026
( Uploaded on: 14/10/2026 06:24:30 pm )