Madras High Court
OP/483/2025 of S.Krishnaprasad Bhat Vs Sudha Vishwanath and 2 others on 6 October 2026
OP No. 483 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 483 of 2025
CNR: {HCMA010204772025}
S.Krishnaprasad Bhat
S/o. M.Sripathy Bhatt,
No.26/3, Panchayappa Hostel Road,
Chetpet, Chennai 31.
..Petitioner(s)
Vs
1. Sudha Vishwanath
W/o.K.A.Viswanath,
No.156/1, Sree Kalikamba Temple Street,
Kanakapura Road, Somanahalli Post,
Bangaluru South 500 082.
2. Sujatha Achar
W/o. Rohit Achar,
AH 222, 2nd Street, 8th Main Road,
Shanthi Colony, anna Nagar, Chennai 600 040.
3. Sumana Shyam
W/o. Shyam Rao,
No.31/1, 6th C Main, Near 4th Block,
Police Station, Jai Nagar,
4th Block Bangaluru 560 011.
..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 issue a Letters of Administration, with the Will annexed may be granted to the petitioner as the son/legatee under the will of the deceased late S.Sumathi to have effect limited to the State of Tamil Nadu.
OP No. 483 of 2025
For Petitioner(s):
Mr.P.Sidharthan
For Respondent(s):
Ms.Haripriya for
Ms.S.R.Gowthami
For R1 To R3
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ORDER
This Original Petition has been filed seeking Letters of Administration of last Will and Testament of Mrs.S.Sumathi Bhat, dated 15.07.2022. Since the Testatrix has not been appointed any executor/executrix, the petitioner being a beneficiary has come forward with the present Original Petition, seeking grant of Letters of Administration with the Will annexed.
2. Heard learned counsel for the petitioner Mr.P.Sidharthan and Ms.Haripriya, representing for Mrs.S.R.Gowthami, learned counsel the respondents 1 to 3.
3. The petitioner is the sole beneficiary under the last of Will and Testament of his mother, Mrs.S.Sumathi Bhat. The respondents are none else than the sisters of the petitioner, being the other legal heirs of late Mrs.S.Sumathi Bhat. The respondents have filed their consent affidavit expressing no objection for grant of Letters of Administration in favour of their brother, the petitioner herein. The petitioner has examined himself as P.W.1
OP No. 483 of 2025
and one of the attesting witness, Mr.Gopalakrishnan, as P.W.2 and has marked Ex.P1 to Ex.P10. The Death Certificate of Testatrix, Sumathi Bhat, is marked as Ex.P2 and the original last Will and Testament, has been marked as Ex.P1. A general paper publication has also been effected as directed by this Court and in compliance with the provisions of the Indian Succession Act.
4. One of the attesting witnesses, Mr.Gopalakrishnan, has been examined as P.W.2. He has stated that the Testatrix was his family friend and has known the deceased Testatrix for more than 15 years. He has also affirmed the factum of attesting Ex.P1 and the Testatrix being in sound and disposing state of mind at the time of execution of Ex.P1 Will. The attesting witness has also stated that the Testatrix signed the Will in his presence and in the presence of the other attesting witness, Mr.Vinoj and that it was only a the request of the Testatrix, that P.W.2 has signed as one of the Testatrix to Ex.P1 Will. 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 petitioners, as prayed for.
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
OP No. 483 of 2025
the petitioner, with the Will dated 15.07.2022, 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, S.Sumathi Bhat, 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 Witnesses examined on the side of the petitioner: P.W.1 – Mr.M.S.Krishna Prasad P.W.2 – Mr.Gopalakrishnan
OP No. 483 of 2025
Documents exhibited by the petitioner: Exhibits Description Ex.P1 The Original Will dated 15.07.2022 executed by S.Sumathi Bhat. Ex.P2 The Computer Death Certificate of Sumathi Bhat. Ex.P3 The photocopy of the Aadhaar Card of Sumathi Bhat. Ex.P4 The photocopy of the Aadhaar Card of S.Krishna Prasad. Ex.P5 The certified copy of the settlement deed dated 02.03.20211 executed by M.Sripathi Bhat in favour of S.Sumathi. Ex.P6 The affidavit of assets showing the net value of the estate for sum of Rs.1,50,00,000/-. Ex.P7 The copy of the paper publication effected in one issue of English Daily "Trinity Mirror" dated 11.07.2026. Ex.P8 The copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 22.07.2026. Ex.P9 The certificate filed under Section 63(4) (c) of BSA. Ex.P10 Photocopy of P.W.2's Aadhaar Card.
RKP
OP No. 483 of 2025
P.B.BALAJI, J. RKP OP No. 483 of 2025