Madras High Court

OP/699/2025 of S.Jhanavi Vs D.Srinivasan and Another on 14 October 2026

OP No. 699 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. 699 of 2025

CNR: {HCMA012456912025}

S.Jhanavi

..Petitioner(s)

Vs

1. D.Srinivasan

2. Lalitha Ram

..Respondent(s)

That Letters of Administration with Will annexed, may be granted to the petitioner as the niece, beneficiary under the Will of the deceased having the effect throughout the whole of Union of India.

For Petitioner(s):

M/s.A.Govindasamy

For Respondent(s):

M/s.S.Sandeep for R1

No appearance for R2

ORDER

This Original Petition has been filed for grant of Letters of Administration of the last Will and testament of D.Sriganesh dated 30.01.2023. The said deceased testator died on 23.05.2025, leaving behind the Will dated 30.01.2023. The deceased is the paternal uncle of the petitioner and brother of the respondents. The 1st respondent has in fact filed his consent affidavit, expressing no objection for grant of Letters of Administration, as prayed for by the petitioner. The 2nd respondent, despite service of notice and his name is also

OP No. 699 of 2025

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printed in today’s cause list, he has not chosen to neither come forward to file her consent affidavit nor oppose the request for grant of Letters of Administration by the petitioner.

2. The petitioner has examined herself as P.W.1 before the learned Master and marked Ex.P1 to ExP12. The original Will was marked as Ex.P1 and original death certificate of the deceased was marked as Ex.P4. I am satisfied that the petitioner has established the testamentary demise of late D.Sriganesh.

3. One of the attesting witnesses, by name A.Manikandan has been examined as P.W.2 and he has stated that the Will was executed in his presence and in the presence of the other attesting witness. He has also stated that he was working as a Personal Assistant of the deceased testator and he was well acquainted with the testator. P.W.2 also affirmed the mental status of the testator being of sound mind, memory and understanding at the time of execution of Ex.P1 Will. The evidence of P.W.2 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). A general paper publication has also been effected, pursuant to the orders of the learned Master, as required under the provisions of the Indian Succession Act. In the light of the above, I am inclined to the allow the original petition, the due execution and attestation of the Will having been proved.

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4. 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 30.01.2023, 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 receipt of the order being uploaded in the website of Madras High Court;

(iv) The petitioner is further directed to make a full and true inventory of the property and credits of the deceased testator, D.Sriganesh, to be made and the same be exhibited before this Court, within six months from the date of 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.

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA

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Witnesses examined on the side of the petitioner: P.W.1 – Ms.S.Jhanvi P.W.2 – Mr.A.Manikandan Documents exhibited by the petitioner: Exhibits Description Ex.P1 Original Will dated 30.01.2023 executed by D.Sriganesh. Ex.P2 Computer generated death certificate of Doraiswamy along with the certificate under Section 63(4)© of BSA. Ex.P3 Computer generated death certificate of M.Jayalakshmi along with the certificate filed under Section 63(4)© of BSA. Ex.P4 Computer generated death certificate of Sriganesh Duraiswamy along with the certificate filed under Section 63(4)© of BSA. Ex.P5 Computed generated attestation of family tree of Doraiswamy along with the certificate filed under Section 63(4)© of BSA. Ex.P6 Certified copy of the sale deed dated 28.08.2024 executed by M/s.Tamil Nadu Brick Industries and M/s.Brigade Enterprises Limited in favour of Sriganesh Duraiswamy. Ex.P7 Certificate copy of the sale deed dated 09.03.2023 executed by V.Durai Mohan, V.Saraswathy and D.Aswanth in favour of Sriganesh D. Ex.P8 Photocopy of the sale deed dated 27.02.2020 executed by New Okhla Industrial Development Authority in favour of D.Sriganesh. Ex.P9 Photocopy of the LIC Jeevan Suraksha (Endowment Funding) bearing No.112767769 standing in the name of D.Sriganesh. Ex.P10 Downloaded copy of the SBI Statement of Sriganesh Duraiswamy dated 19.07.2025 along with the certificate filed under Section 63(4)© of BSA. Ex.P11 E-mail communication of prepayment letter addressed to Sriganesh .D along with certificate filed under Section 63(4)© of BSA.. Ex.P12 Copy of the paper publication effected in one issue of Tamil Daily “Makkal Kural” dated 21.07.2026. Ex.P13 Copy of the paper publication effected in one issue of English Daily “Trinity Mirror” dated 29.07.2026.

OP No. 699 of 2025

P.B.BALAJI, J. ATA OP No. 699 of 2025

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