Madras High Court
OP/96/2025 of P.Aakash Vignesh Vs S.Banumathi and 2 others on 8 October 2026
OP No. 96 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. 96 of 2025
CNR: {HCMA010602552024}
P.Aakash Vignesh
S/o. Thanga Pandian,
No.6D, Plot 15, 5th Main Road Avenue,
Dhandeeshwaram, Velachery,
Chennai 600 042.
..Petitioner
Vs
1. S.Banumathi
W/o. Late Sadasivam,
No.6D, Plot 15, 5th Main Road Avenue,
Dhandeeshwaram, Velachery,
Chennai 600 042.
2. Vijaylakshmi
W/o. Arulmurugan,
No.6D, Plot 15, 5th Main Road Avenue,
Dhandeeshwaram, Velachery,
Chennai 600 042.
3. S.Sangeetha
W/o. Alageswaran,
No.6D, Plot 15, 5th Main Road Avenue,
Dhandeeshwaram, Velachery,
Chennai 600 042.
..Respondents
Original Petition filed under Sections 232 and 276 of the Indian Succession Act, 1925 r/w Order XXV Rule 5 of O.S. Rules seeking Letters of Administration in favour of the petitioner.
For Petitioner:
Mr.B.Vetrivel
For Respondents:
Mr.I.Periyaswamy
OP No. 96 of 2025
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ORDER
This original petition has been filed for grant of Letters of Administration of last Will and testament dated 16.05.2008 executed by the late A.Sadasivam. The said A.Sadasivam died on 07.01.2015 leaving behind his wife and two daughters, who are the respondents herein. The petitioner is the grandson of the testator through the second respondent Vijayalakshmi, who has been appointed as sole executor under the last Will and testament dated 16.05.2008. The respondents are represented by counsel and they have filed their consent affidavits, expressing no objection for grant of Letters of Administration in favour of the petitioner as prayed for.
2. The petitioner has examined himself as P.W.1 and has marked the original Will as well as the original death certificate of late A.Sadasivam. Legal heirship certificate of A.Sadasivam is filed as one of the documents. The petitioner has sufficiently satisfied the demise of the testator A.Sadasivam and the factum of the Will coming into effect on his demise. The legal heirship certificate evidences the fact that the respondents are the only class 1 legal heirs of the deceased A.Sadasivam and there is none else to be impleaded in the interest of the matter.
3. One S.Banumathy, one of the attesting witnesses, in fact the first respondent herein and wife of the testator has examined herself as P.W.2. She has stated that she is the first attesting witness to Ex.P1 Will and that
OP No. 96 of 2025
her husband was in sound and disposing state of mind and in good health at the time of execution of Will. She has also stated that the testator signed Ex.P1 Will in her presence and in the presence of her daughters Vijayalakshmi and Sangeetha, who are the second and third attesting witnesses to the said Will. Her evidence read with the evidence of P.W.3 and P.W.4 and other two attesting witnesses, who are none else than the daughters of the testator, establishes due execution and attestation of the Will. I am satisfied that the petitioner has made out a case for grant of Letters of Administration as prayed for.
4. Accordingly, this Original Petition is allowed. 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), 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
OP No. 96 of 2025
P.B.BALAJI, J. mmi OP No. 96 of 2025 08.10.2026