Madras High Court
OP/498/2024 of Shanthi E Vs Sree Manjula and 2 others on 7 October 2026
OP No. 498 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 498 of 2024
CNR:{HCMA011609492023}
Shanthi E
W/o. Late N.Santhakumar,
Residing at No.19/10,
Venkatesan Bakthan Street,
Perumalpet, Veppery,
Chennai 600 007.
..Petitioner(s)
Vs
1. Sree Manjula and 2 others
D/o. Late Santhakumar,
No.19/10, Venkatesan Bakthan Street,
Perumalpet, Veppery,
Chennai 600 007.
2. Suresh Babu
S/o. Late Santhakumar,
No.19/10, Venkatesan Bakthan Street,
Perumalpet, Veppery,
Chennai 600 007.
3. Vinothkumar
S/o. Late Santhakumar,
No.19/10, Venkatesan Bakthan Street,
Perumalpet, Veppery,
Chennai 600 007.
..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, grant Letters of Administration with the Will annexed may be granted to her as wife and the beneficiary under the Will of the said deceased having effect through out the State of Tamil Nadu.
OP No. 498 of 2024
For Petitioner(s):
Mr.K.Sathish
For Respondent(s):
Mr.S.Nagarjun for R3 and R2
No Appearance for R1
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Order
This Original Petition has been filed for grant of Letters of Administration with the Will of late N.Santhakumar, annexed.
2. The petitioner is the wife of the deceased, late N.Santhakumar. The respondents are children of late.N.Santhakumar and the petitioner. The respondents 2 and 3, have given their consent affidavits expressing no objection for grant of Letters of Administration as prayed for by the mother, the petitioner herein. Insofar as the other daughter, viz., the first respondent, despite attempts to serve her, service remained incomplete and this Court permitted publication to be effected on the first respondent. This Court has already permitted paper publication to be effected on the first respondent as well as respondents 2 and 3 in pursuance of which, publication was effected and only respondents 2 and 3 entered appearance, while the first respondent till date, has neither chosen to enter appearance in person nor though Counsel, leave alone file a caveat intending to object to the grant of Letters of Administration as prayed for by their mother.
3. The petitioner, mother has entered the witness box, examined herself as P.W.1 and Ex.P1 to Ex.P13 were marked on the side of the petitioner.
OP No. 498 of 2024
The original Will of the deceased N.Santhakumar, has been marked as Ex.P1. The Death Certificate of Testator has been marked as Ex.P4. The legal heirship certificate of Santhakumar, evidencing the relationship of the petitioner and the respondent has also exhibited as Ex.P5. The mother of the deceased Testator, pre deceased late Santhakumar.
4. In view of the above, I am satisfied that the petitioner being wife, legatee and also beneficiary under the Will is entitled to grant of Letters of Administration with the Will of late N.Santhakumar, dated 15.07.2009. One of the attesting witnesses, one Mr.Kirubakaran, has been examined as P.W.2. He has stated that he is the first attesting witness to Ex.P1 Will, dated 15.07.2009 and that he has known the deceased Testator for more than four decades. He has also stated that the Testator was in a sound and disposing state of mind at the time of execution of Ex.P1, Will. He has also affirmed the factum of the Testator signing Ex.P1, Will in his presence and in the presence of one Rajasekar, the second attesting witnesses. The evidence of P.W.2, satisfies the requirement of Section 63(c) of the Indian Succession Act r/w Section 67 of BSA (Section Section 68 of the Indian Evidence Act) and the respondents 2 and 3 are sons of the deceased have given express consent affidavit in writing, which are also taken on file. Since the first respondent despite service of notice by way of substituted service, has not come forward to object to the grant, there is no impediment as on date, to allow the Original Petition as prayed for by the petitioner.
OP No. 498 of 2024
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 15.07.2009, 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, Mr.N.Santha Kumar, to be made and the same be exhibited before this Court, within six months from the date of grant of Letters of Administration to her 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. 498 of 2024
Witnesses examined on the side of the petitioner: P.W.1 – Mrs.E.Shanthi P.W.2 – Mr.M.Kirubakaran Manickam Documents exhibited by the petitioner: Exhibits Description Ex.P1 The original Will dated 15.07.2009 executed by Mr.N.Santha Kumar Ex.P2 The certified copy of the sale deed dated 16.09.1998 executed in favour of Mr.N.Santha Kumar. Ex.P3 The Photocoy of the pucca sale deed dated 05.01.2009 executed in favour of Mr.N.Santha Kumar. Ex.P4 The computer generated death certificate of Mr.N.Santha Kumar. Ex.P5 The computer generated legal heirship certificate of Mr.N.Santha Kumar. Ex.P6 The photocopy of P.W.1 Aadhar Card. Ex.P7 The photocopy of the Aadhaar Card of the 1st respondent. Ex.P8 The photocopy of the Aadhaar Card of the 2nd respondent. Ex.P9 The photocopy of the Aadhaar Card of the 3rd respondent. Ex.P10 The affidavit under Section 63(4)(c) of BSA for electronic documents. Ex.P11 Ex.P12 Ex.P13 The affidavit of assets showing the net value of estate as Rs.63,00,000/- (Series 2 Nos.) are the copies of the paper publications effected in one issue of Tamil Daily "Makkal Kural" dated 19.11.2025 and in one issue of English daily "Trinity Mirror" dated 26.11.2025. The photocopy of the Aadhaar Card of the P.W.2.
RKP
OP No. 498 of 2024
P.B.BALAJI J. RKP OP No. 498 of 2024