High Court · 2025

O.P. No.862 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 18.11.2025CORAM : THE HONOURABLE MR.JUSTICE P.DHANABALO.P. No.862 of 20241. Savithri. R. W/o.Late K.V.Ramachandran, D.No.231-C, Behind Masonic Hospital, Race Course, Coimbatore 641 018.2. Shanthi V.R @ Shanthi RamakumarW/o. B.Ramakumar, D.No.231-C, Behind Masonic Hospital, Race Course, Coimbatore 641 018.3. Vikram Surya RS/o. B.Ramakumar, D.No.231-C, Behind Masonic Hospital, Race Course, Coimbatore 641 018.... Petitionersvs1. Rani Sivakumar and 5 othersW/o. Late Dr.V.R.Sivakumar, 268/1, Scheme Road, Race Course, Coimbatore 641 018.2.Vikram Senthil SivakumarS/o. V.R.Sivakumar, 403, Sreevatsa Lianca, 293, Race Course, Coimbatore 641 018.3.Janani RathnambikaW/o. Sirnivasan, D/o. Late Dr.V.R.Sivakumar, 268/1, Scheme Page No.1 of 8 https://www.mhc.tn.gov.in/judis O.P. No.862 of 2024Road, Race Course, Coimbatore 641 018.4.Nirmla Kumari KW/o. Late V.R.Kumaravel, 221 B, Scheme Road, Race Course, Coimbatore 641 018.5.Prem Anand R.K.S/o. Late V.R.Kumaravel, 221 B, Scheme Road, Race Course, Coimbatore 641 018.6.Maragathalakshmi R.KD/o. Late V.R.Kumaravel, 221 B, Scheme Road, Race Course, Coimbatore 641 018...... Respondents PRAYER: Original Petition is filed under Section 232 and 276 of the Indian Succession Act of 1925 read with Order XXV Rule 5 of the Original Side Rules praying that Letters of Administration with the Will annexed may be granted to the petitioners herein as the wife, daughter and grandson/Beneficiaries respectively of the deceased in respect of the Schedule of properties in the Affidavit of Assets, to have effect throughout the State of Tamil Nadu. Gross Amount of Rs.13,00,62,766.54 and Net Amount of Rs.13,00,62,766.54 (Suc.Duty of Rs.25,000/- paid on 08.09.2025 by C/F (D.No.35246/2025)Page No.2 of 8 https://www.mhc.tn.gov.in/judis O.P. No.862 of 2024For Petitioner(s):M/s.K.RamanrajFor Respondents: No appeareance.ORDER This petition has been filed under Section 232 and 276 of the Indian Succession Act to grant Letters of Administration to the petitioners to the estates and credits of the deceased having effect limited to the State of Tamil Nadu.2. After filing of this petition, this Court directed the petitioners to effect paper publication in any one of the issue of Tamil Daily and also in English daily and the paper publication was also effected and there is no any objection from any party. Thereafter, the case was posted for recording evidence and the evidence was also recorded. On the side of the petitioners, PW1 to PW3 were examined and Ex.P.1 to Ex.P8 were marked. 3. According to the petitioners, the 1st petitioner is the wife of Late MR. K.V. Ramachandran and the 2nd petitioner is their daughter and the 3rd petitioner is the son of the 2nd petitioner. The said Late Mr. K.V. Ramachandran married one Late Rathnabai and had two sons namely V.R. Sivakumar and V.R. Kumaravel and thereafter, the said Rathnabai died in the Page No.3 of 8 https://www.mhc.tn.gov.in/judis O.P. No.862 of 2024year 1964 and the said K.V. Ramachandran married the 1st petitioner. The above said Mr. V.R. Kumaravel S/o. Mr. K.V. Ramachandran, predeceased his father leaving behind his wife, son and daughter, who are the respondents 4 to 6 herein. Mr. K.V Ramachandran died on 18.01.2018 leaving behind his 2nd wife / 1st petitioner, his daughter/2nd petitioner, his elder son V.R. Sivakumar and the respondents 4 to 6 as his legal heirs. Thereafter, the said V.R. Sivakumar died intestate on 17.01.2019 leaving behind his wife, son and daugher, who are the respondents 1 to 3 herein. 3.1. The said deceased K.V. Ramachandran, during his lifetime, had executed a Will dated 11.09.2002, bequeathing his properties as provided in the Will in the presence of witnesses namely Mr. D. Venkatesh and Mr. S.V. Ramachandran. No executors have been appointed as per the said Will. The amount of assets which are likely to come into the hands of the petitioners is approximately Rs.13,00,62,766.54. The petitioners have impleaded all the next of kin or other persons interested as parties herein. There is no other next of kin to the deceased. The parents of the deceased Mr. K.V. Ramachandran also predeceased him. 3.2. The petitioners 1 and 2 herein have also filed an Original Suit in Page No.4 of 8 https://www.mhc.tn.gov.in/judis O.P. No.862 of 2024O.S. No.1153 of 2022 on the file of the District Court, Coimbatore against the respondents 1 to 6 herein for partition and separate possession of immovable properties bequeathed under the last Will dated 11.09.2002 of Mr. K. V. Ramachandran and the same is pending disposal. Further the respondents 1 to 3 herein have filed a petition for issuance of Letters of Administration in O.P. No.32 of 2023 against the petitioners and the respondents 2, 4 to 6 herein, before the Principal District Court, Coimbatore and the same is also pending disposal.4. The 3rd petitioner herein, has been examined as PW1 and Ex.P.1 to Ex.P.6 were marked. Mr. B. Ramakumar, husband of the 2nd petitioner and son-in-law of the deceased was examined as PW2 and Mr. D. Venkatesh, one of the attesting witnesses to the Will executed by the deceased, has been examined as PW3, and Ex.P.7 and Ex.P.8 were marked through them. PW1 and PW2 have deposed that they are the grand son and son-in-law of the deceased respectively and reiterated the petition averments and further stated that the deceased executed a registered Will dated 11.09.2002 in the presence of the attesting witnesses. PW3 has deposed that he knows the Testator as his Accountant and the testator had executed a Will dated 11.09.2002 and he was also present along with the testator at the time of execution of Will. He also Page No.5 of 8 https://www.mhc.tn.gov.in/judis O.P. No.862 of 2024admitted that he along with one Mr. S.V. Ramachandran have attested in the Will executed by the deceased Mr. K.V. Ramachandran. He has also identified the signatures of the attestors and testator in the Will. A perusal of evidences of PW1 to PW3 and Ex.P.1 to Ex.P.8 revealed that the 1 and 2 petitioners and the respondents are the legal heirs of the deceased have not appeared and no any objection has been raised by any other party to grant letter of administration to the petitioners. Therefore, the petitioners, through the evidences and documents, have amply proved the execution of Will. Therefore, the petitioners are entitled to the relief as prayed for in the petition.5. Therefore, this Original Petition is allowed and Letter of Administration, to the estates and credits of the deceased Mr.K.V. Ramachandran in favour of the petitioners, is granted. 6. Issue Letters of Administration in favour of the petitioners. The petitioners are directed to duly administer the properties and credits of the deceased more fully described in the schedule. Each petitioner is also directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Page No.6 of 8 https://www.mhc.tn.gov.in/judis O.P. No.862 of 2024Thousand only) each in favour of the Assistant Registrar (O.S.II), High Court, Madras. The petitioners are further directed to render true and correct accounts once in a year.18.11.2025Index:Yes/No Speaking Order:Yes/NomjsAPPENDIX:List of Petitioner side Witnesses:PW1:Mr.Vikram Surya.R. PW2:Mr.B. RamakumarPW3:Mr.D. VenkateshList of Petitioner side Documents:Exhibit No.DateDescription of Documents.Ex.P.1.11.09.2002Original registered Will and Testament executed by Mr.K.V. Ramachandran.Ex.P.2-Original death certificate of Mr. K.V. Ramachandran.Ex.P.3-Original Legal Heirship Certificate of Mr. K.V. Ramachandran.Ex.P.4.-Affidavit of assets with a net value of Rs.13,00,62,766.54.Ex.P.5 series (3 nos.)09.10.2025Copies of paper publications effected in one issue of Tamil daily “Makkal Kural” at Chennai, Coimbatore and Madurai.Page No.7 of 8 https://www.mhc.tn.gov.in/judis O.P. No.862 of 2024Ex.P.6 series (3 nos.)17.10.2025Copies of paper publications effected in one issue of English daily “Trinity Mirror” at Chennai, Coimbatore and Madurai.Ex.P.7-Photocopy of Aadhar card of PW2.Ex.P.8-Photocopy of Aadhar Card of PW318.11.2025P.DHANABAL.,JmjsO.P. No.862 of 202418.11.2025Page No.8 of 8