Madras High Court
OP/447/2025 of R.Lenin Vs P.Pandian and 3 others on 7 October 2026
OP No. 447 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 447 of 2025
CNR: {HCMA010849432023}
R.Lenin
S/o. Mr. P. Rajamuthu,
..Petitioner(s)
Vs
1. P.Pandian
S/o. Late Mr. M. Periyaswamy,
2. K. Selvamani
D/o. Late Mr. M. Periyaswamy,
W/o. Mr. S. Kanagaraj,
No. 1/82, Mariyammal Kovil Street,
Kattur Post, Thiruverumbur Taluk,
Ellakudy, Pappakurichi,
Kattur, Tiruchirappalli 620019.
3. M. Malathi
D/o. Late Mr. M. Periyaswamy,
W/o. Mr. K. Muthu,
No. 4/115, Aathidravida Street, Aandanallur, Tiruchirappalli 639101
4. P. Rajamuthu
S/o. Late Mr. M. Periyaswamy,
..Respondent(s)
PRAYER:This Original Petition is filed under Section 232 and 276 of the Indian Succession Act, 1925 and under Order XXV Rule 5 of the Madras High Court, Original Side Rules, 1956, to grant him Letter of Administration with the
OP No. 447 of 2025
Will annexed as grandson/beneficiary under the will of the deceased Mr.M.Periyaswamy having effect throughout the State of Tamil Nadu.
For Petitioner(s):
Mr V.Thirumalai
For Respondent(s):
Mr.S.Srinivasan
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ORDER
Heard Mr.V.Thirumalai, learned counsel for the petitioner and Mr.S.Srinivasan, learned counsel for the respondents.
2. This Original Petition has been field by the beneficiary under the Will of late M.Periyaswamy, dated 31.07.2009, registered as Doc. No.76 of 2009. before the Sub Registrar Officer, Anna Nagar, Chennai - 40. Today in A. No.4322 of 2026, the original Will has also been permitted to be received, since only certified copy of the Will has been marked as evidence. The petitioner himself was examined before the learned Master as P.W.1 and has marked Ex.P1 to P16 and the attesting witness, one Mr.M.Balachander, was examined as P.W.2 and marked Ex.P17. A general paper publication has also been effected as directed by this Court and in compliance with the provisions of the Indian Succession Act.
3. I have gone through the evidence of P.W.1, oral and documentary, in and by the evidence, the petitioner has satisfied that the deceased
OP No. 447 of 2025
M.Periyaswamy died, leaving behind the registered Will dated 31.07.2009 and being the beneficiary of the said Will, the petitioner is entitled to seek for grant of Letters of Administration with the Will annexed. The petitioner, by production of death certificate of M.Periyaswamy, has also established the death of Testator and thereby, the Will coming into effect. One of the attesting witness has been examined as P.W.2 and in his evidence, he has stated that he witnessed the execution of the Will by the Testator M.Periyaswamy, dated 31.07.2009, at the time of execution of Ex.P1, Periyaswamy was in sound and disposing state of mind. He has also stated that the Testator has signed Ex.P1, Will, in the presence of himself and the other attesting witness, R.Anantharaman. P.W.2, has further stated that he has also signed as identifying witness at the time of registration of Will before the Sub Registrar, Anna Nagar. The respondents 1 to 4 have already given their consent affidavits, expressing no objection for the grant of Letters of Administration in favour of the petitioner, who has been appointed as the sole executor under the said Will.
4. I am satisfied that the evidence of P.W.1 and P.W.2 comply with the mandate of Section 63(c) of the Indian Succession Act r/w Section 67 of BSA (Section 68 of the Indian Evidence Act). In the light of the above, I am inclined to grant Letters of Administration in favour of the petitioner, as prayed for.
OP No. 447 of 2025
5. 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 31.07.2009, 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;
(iv) The petitioner is further directed to make a full and true inventory of the property and credits of the deceased testatrix, M.Periyaswamy, 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 testatrix, within one year from the date of obtaining the grant.
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP
OP No. 447 of 2025
Witnesses examined on the side of the petitioner: P.W.1 – Mr.R.Lenin P.W.2 – Mr.M.Balachander Documents exhibited by the petitioner: Exhibits Description Ex.P1 The certified copy of the Will dated 31.07.2009 executed by M.Periyaswamy. (Original copy received as per order dated 07.10.2026 in A. No.4322 of 2026) Ex.P2 The photocopy of the sale deed dated 31.05.1973. Ex.P3 The computer generated death certificate of M.Periaswamy. Ex.P4 The computer generated legal heriship certificate of M.Periaswamy. Ex.P5 The computer generated death certificate of P.Achikannu. Ex.P6 The photocopy of the Aadhaar Card of Periaswamy. Ex.P7 The photocopy of P.W.1 Aadhaar Card Ex.P8 Photocopy of the Aadhaar Card of Pandian Ex.P9 Photocopy of the Aadhaar Card of Selvamani.K. Ex.P10 Photocopy of Aadhaar Card of Malathi Muthu. Ex.P11 Photocopy of the Aadhaar Card of Rajamuthu Ex.P12 The downloaded copy of the property tax receipt dated 29.03.2022. Ex.P13 The downloaded copy of the electricity receipt dated 18.04.2022 standing in the name of M.Periyaswamy. Ex.P14 The affidavit of assets showing the net value of the estate for a sum of Rs.61,01,250/- Ex.P15 (Series) are the copies of the paper publication effected in one issue of Tamil Daily "Dina Kural" dated 01.05.2026 and in one issue of English Daily "Southern Mail" dated 09.05.2026. Ex.P16 The certificate filed under Section 63(4)(C) of BSA. Ex.P17 Copy of Aadhaar Card of P.W.2.
RKP
OP No. 447 of 2025
P.B.BALAJI, J. RKP OP No. 447 of 2025 (2/2)