Madras High Court
OP/279/2025 of Jyothi Udupa Vs Tejas Prithvi and 4 others on 14 October 2026
OP No. 279 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 279 of 2025
CNR: {HCMA012372242024}
Jyothi Udupa
..Petitioner(s)
Vs
1. Tejas Prithvi
2. Manasa Prithvi
3. Amitha Prithvi
4. Vishwas Udupa
5. Sowmya Udupa
..Respondent(s)
To grant Letters of Administration with the Will annexed to the petitioner as the Daughter/Legal Heir, beneficiary under the Will of the deceased having effect throughout the Union of India.
For Petitioner(s):
M/s.Y.Kavitha
For Respondent(s):
M/s.V.Hariharan
ORDER
Heard the learned counsel for the petitioner and the learned counsel for the respondents.
2. The petitioner seeks grant of Letters of Administration with a Will of late U.Mohan Rao dated 26.07.2021, annexed.
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3. The petitioner is the daughter of the deceased testator, U.Mohan Rao, who died on 10.08.2023, leaving behind an unregistered Will dated 26.07.2021. The respondents, along with the petitioner are the sole surviving legal heirs of the deceased testator, U.Mohan Rao. The respondents have given their consent affidavits, expressing no objection for grant of Letters of Administration to the petitioner, as prayed for.
4. In fact, it is pointed out to me by the learned counsel for the petitioner as well as the respondents that all the parties are beneficiaries under the last Will and testament of said U.Mohan Rao. A general paper publication has also been effected, pursuant to the order passed by the learned Master. The petitioner has examined herself as P.W.1 and marked Ex.P1 to Ex.P34. Ex.P1 is the last Will and testament dated 26.07.2021. The death certificate of the deceased testator was marked as Ex.P15. The legal heirship certificate of the deceased testator was also exhibited as Ex.P16. The respondents 1 and 2 are grandsons of the deceased testator, U.Mohan Rao, through the predeceased son M.Prithvi. The 3rd respondent is the wife of M.Prithvi. The respondents 4 and 5 are none else than the children of the petitioner herself.
5. One of the attesting witnesses, by name S.Usha Rao has been examined as P.W.2 and she has stated that she was acquainted with the testator having
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worked under him ever since 1980. She has stated that the deceased testator was in a sound and disposing state of mind, memory and understanding at the time of execution of Ex.P1, Will. Her evidence also satisfies the requirement of Section 63(c) of the Indian Succession Act r/w Section 67 of BSA, 2023 (Section 68 of the Indian Evidence Act). The petitioner has proved due execution and attestation of the Will, in accordance with Section 67 of BSA, 2023 (Section 68 of the Indian Evidence Act). In the light of the above, the petitioner is entitled to grant of LA as prayed for.
6. In fine,
(i) This Original Petition is ordered and the Letters of Administration, having effect throughout Union of India, shall be issued in favour of the petitioner, with the Will dated 26.07.2021, 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, within a period of six weeks from the date of this order being uploaded in the website of the High Court;
(iv) The petitioner is further directed to make a full and true inventory of the property and credits of the deceased testator, U.Mohan Rao, to be made and the same be exhibited before this Court, within six months from the date of
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grant of Letters of Administration to them 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. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA Witnesses examined on the side of the petitioner: P.W.1 – Mr.Jyothi Udupa P.W.2 – Mrs.S.Usha Rao Documents exhibited by the petitioner: Exhibits Description Ex. P1 Original Will dated 26.07.2021 executed by U. Mohan Rao. Ex. P2 Computer generated birth certificates of Viswas. Ex. P3 Photocopy of the conditional Sale Deed dated 12.08.1980 entered between the Tamil Nadu Housing Board and U. Mohan Rao registered vide Document No. 331/1980 (Compared with the original). Ex. P4 Photocopy of the birth certificate of Sowmya Udupa (Compared with the
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original). Ex. P5 Photocopy of the marriage invitation of Amitha Prithvi (Compared with the original). Ex. P6 Photocopy of the birth certificates of Tejas (Compared with the original). Ex. P7 Photocopy of birth birth certificates of Manasa (Compared with the original). Ex. P8 Computer generated death certificate of Vinutha Mohan Rao. Ex. P9 Computer generated death certificate of M. Prithvi. Ex. P10 Computer generated legal heirship certificate of M.Prithvi. Ex. P11 Photocopy of the deed of reconstitution of partnership deed dated 15.04.2022 (compared with the original). Ex. P12 Photocopy of resignation letter dated 28.04.2022 of the 1st Respondent from the partnership form, M/s. Nandi Industries (compared with the original). Ex. P13 Photocopy of resignation letter dated 28.04.2022 of the U. Mohan Rao from the partnership form, M/s. Nandi Industries (compared with the original). Ex. P14 Photocopy of the MSE Financial Services Limited-Bill-Cum-Transaction withholding statement for the shares held by the deceased U.Mohan Rao (compared with the original). Ex. P15 The computer generated death certificate of U.Mohan Rao. Ex. P16 The computer generated legal heirship certificate of U.Mohan Rao. Ex. P17 The downloaded encumbrance certificate for the property comprised in S.No.127/PT and 128/PT dated 23.08.2024. Ex. P18 The downloaded encumbrance certificate for the property comprised in S.No.127/PT and 128/PT dated 29.08.2024 Ex. P19 The downloaded encumbrance certificate for the property comprised in S.No.127/PT and 128/PT dated 02.09.2024.
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Ex. P20 The computer generated birth certificate of Vishwas. Ex. P21 The downloaded encumbrance certificate for the property comprised in S.No.131 vide Document No.1441 of 2010 (Compared with the original). Ex. P22 The downloaded claim confirmation letter issued by the Karnataka Bank Limited for the savings account and fixed deposits maintained by U.Mohan Rao. Ex. P23 The downloaded Zerodha statement of accounts of securities/commodities for the period from 20.11.2023 to 25.11.2023. Ex. P24 The photocopy of the Aadhaar Card of Jyothi Udupa (Compared with the original). Ex. P25 The photocopy of the Aadhaar Card of Tejas Prithvi (Compared with the original). Ex. P26 The photocopy of the Aadhaar Card of Amitha Prithvi (Compared with the original). Ex. P27 The photocopy of the Aadhaar Card of Vishwas Udupa (Compared with the original). Ex. P28 The photocopy of the Aadhaar Card of Sowmya Udupa (Compared with the original). Ex. P29 The photocopy of the AR Settlement Receipt dated 25.08.2023 (Compared with the original). Ex. P30 The copy of the paper publication effected in one issue in Tamil daily "Maalai Thamizhagam" dated 28.03.2026. Ex. P31 The copy of the paper publication effected in one issue in English daily "Trinity Mirror" dated 05.04.2026. Ex. P32 The affidavit of assets showing the net value of the estate as
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Rs.6,48,72,924.59. Ex. P33 Affidavit under Section 63(4)(c) of BSA for electronic documents. 14-10-2026
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P.B.BALAJI, J. ATA OP No. 279 of 2025 14-10-2026
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