OP/574/2025 of S.Dhivya Rathna Vs Kumudha Rathna and another on 7 October 2026

ORDER

This Original Petition has been filed for grant of Letters of Administration, with a Will of late R.Vasunthara Devi, mother of the petitioner and the respondents dated 17.04.2019.

2. The respondents 1 and 2 are represented by a counsel and they have already filed their consent affidavits, expressing no objection for grant of Letters of Administration in favour of the petitioner as prayed for.

3. It is to be noticed at this juncture that all the parties to the OP, namely the petitioner and the respondents are the daughters of late R.Vasunthara Devi and they are all beneficiaries under the said Will dated 17.04.2019. In furtherance of directions of this Court, the petitioner examined herself as P.W.1 and marked Ex.P.1 to Ex.P.13. The original Will of late Vasunthara Devi dated 17.04.2019 has been marked as Ex.P1 and the death certificate of late Vasunthara Devi (computer generated) was marked as Ex.P5. The legal heirship certificate is marked as Ex.P6. I am satisfied that the petitioner is a legatee, entitled to seek for Letters of Administration and the petitioner has satisfactorily established the factum of the death of late R.Vasunthara Devi, leaving behind a testamentary instrument dated 17.04.2019.

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4. One of the attesting witnesses, by name Mr.Edward Anthony has been examined as P.W.2 to establish due execution and attestation of the Will. In his chief examination on 23.09.2026, he has stated that he is aware of the death of Vasunthara Devi and also the factum of Vasunthara Devi, the testatrix, having executed a Will on 17.04.2019, when she was in sound and disposing state of mind and memory. He also further stated that the Will was signed by the testatrix in his presence and in the presence of the other witness, one Mrs.S.Dhivya Rathna. The evidence of P.W.2, Edward Anthony satisfies the requirements of Section 63(c) of the Indian Succession Act r/w Section 67 of BSA, 2023 (Section 68 of the Indian Evidence Act). The Will is therefore proved to be duly executed and attested in the manner known to law. In the light of the above, I am inclined to grant Letters of Administration in favour of the petitioner.

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 17.04.2019, 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;

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(iv) The petitioner is further directed to make a full and true inventory of the property and credits of the deceased testatrix, R.Vasunthara Devi, 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; and

(v) Considering the relationship between the parties, there shall be no order as to costs. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA Witnesses examined on the side of the petitioner: P.W.1 – Mrs.S.Dhivya Rathna P.W.2 – Mr.Edward Anthony Documents exhibited by the petitioner: Exhibits Description Ex.P1 Original Will dated 17.04.2019 executed by R.Vasundhara Devi. Ex.P2 Certified copy of the sale deed dated 28.11.2011 executed by G.Ravi in favour of Mrs.R.Vasunthara Devi and Mrs.S.Dhivya Rathna vide Doc.No.2600/2011. Ex.P3 Certified copy of the Sale Deed dated 28.11.2011 executed by G. Ravi in favour of Dr. Kumudha Rathna vide Document No. 2599/2011. Ex.P4 Certified copy of the Sale Deed dated 28.11.2011 executed by G. Ravi in favour of Mrs. R. Vasanthara Devi and S. Sugirdha Rathna vide Document No. 2598/2011. Ex.P5 Computer-generated Death Certificate of (late) R. Vasanthara Devi.

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Ex.P6 Computer-generated Legal Heirship Certificate of R. Vasanthara Devi. Ex.P7 Computer-generated Death Certificate of Dr. S. T. Rathnasabapathy. Ex.P8 Computer-generated Legal Heirship Certificate of Rathnasabapathy. Ex.P9 Photocopies of the savings bank account of the deceased (late) R. Vasanthara Devi. Ex.P10 Certified copy of the Judgment dated 29.06.2012 passed in O.S. No. 4924 of 2011 by the VI Assistant Judge, City Civil Court. Ex.P11 Certified copy of the Common Judgment dated 21.09.2017 passed by the Madras High Court in S.A. Nos. 206 and 251 of 2013. Ex.P12 Computer-generated Encumbrance Certificate dated 22.09.2023. Ex.P13 Certified copy of the General Power of Attorney dated 16.04.2019 of Vasunthara Devi to S.T.Rathnasabapathy. Ex.P14 Affidavit of assets showing a net value of estate Rs.3,84,94,466/-. Ex.P15 Copy of paper publication effected in one issue of English Daily “Trinity Mirror” dated 11.08.2026. Ex.P16 Copy of paper publication effected in one issue of Tamil Daily “Makkal Kural” dated 03.08.2026. Ex.P17 Certificate filed under Section 63(4)(C) of BSA for electronic documents. 07.10.2026

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P.B.BALAJI, J. ATA OP No. 574 of 2025 07-10-2026