High Court · 2025

O.P.No.120 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.11.2025CORAM : THE HONOURABLE MR.JUSTICE P.DHANABALO.P. No. 1 20 of 2025 O.P.Karunakaran... PetitionerVs1. C.Prakash Kumar2. C.Ravikumar3. C.Rajendran4. Ambika Balakrishnan… Respondents PRAYER: Original Petition is filed under Sections 232 and 276 of the Indian Succession Act of 1925 read with Order XXV Rule 5 of the Original Side Rules praying to grant Letters of Administration to the Will annexed with the petition, as son / beneficiary of the deceased having effect limited to the State of Tamil Nadu.For Petitioner:Mr.L.Senthil KumarFor Respondent :Notice served - no appearance.ORDER 1/9 https://www.mhc.tn.gov.in/judis O.P.No.120 of 2025This petition has been filed under Sections 232 and 276 of the Indian Succession Act to grant Letters of Administration to the petitioner 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 petitioner to effect general paper publication 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 petitioner, PW1 and PW2 were examined and Ex.P.1 to Ex.P.23 and Consent Affidavits of Respondents 1 to 4 [stating that they have no objection to the grant of Letters of Administration to the Will dated 20.11.2006 in favour of the petitioner] were marked ] 3. According to the petitioner, the petitioner is the son of one P.Raghavan. The said P.Raghavan died on 17.06.2009. The said deceased Raghavan had purchased the petition mentioned property on 2/9 https://www.mhc.tn.gov.in/judis O.P.No.120 of 202527.11.1984. The deceased Ragavan bequeathed the schedule mentioned property in favour of the petitioner by way of a Registered Will dated 20.11.2006. The last Will and testament executed by the deceased was on 20.11.2006. The daughter of the deceased Ragavan and the sister of the petitioner, viz., O.P.Shanthidevi alias O.P.Santhiammal died on 12.05.2014 and her legal heirs are impleaded as respondents and No executor was appointed under the Will. Further, the wife of the deceased Ragavan and mother of the petitioner pre-deceased his father on 22.12.2005. The petitioner and the respondents are the only surviving legal heirs and there is no other next of kin to the deceased. The net amount of the assets would come around Rs.38,59,543/-. There are no other next of kin to the deceased except the petitioner and the respondents. The respondents have given their consent to grant letters of administration in favour of the petitioner. 4. The petitioner herein, was examined as PW1. He has deposed that he is the son of the deceased P.Raghavan and reiterated the petition averments. PW2 is the First Attestor to the Will. He has 3/9 https://www.mhc.tn.gov.in/judis O.P.No.120 of 2025deposed that the testator had executed a Will dated 20.11.2006 and he was also present along with the testator at the time of execution of Will. He has also identified the signature of the attestor and testator in the Will. A perusal of evidences of PW1 and PW2 and Ex.P.1 to Ex.P.23 revealed that the petitioner and the respondents are the legal heirs of the deceased and no any objection has been raised either by the respondents or any other party to grant letter of administration to the petitioner. Therefore, the petitioner, through the evidences and documents, has amply proved the execution of Will. Therefore, the petitioner is 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 Mrs. P.Raghavan in favour of the petitioner, is granted. 6. Issue Letters of Administration in favour of the petitioner. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioner is also directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of the Assistant Registrar 4/9 https://www.mhc.tn.gov.in/judis O.P.No.120 of 2025(O.S.II), High Court, Madras. The petitioner is further directed to render true and correct accounts once in a year.25.11.2025Index:Yes/No Speaking Order:Yes/NossdAPPENDIX:List of Petitioner side Witnesses:PW1:Mr. O.P.KarunakaranPW2:Mr.K.KesavanList of Petitioner side Documents:Exhibit No.DateDescription of Documents.Ex.P.1.20.11.2006Original Last Will and testament of P.Raghavan Ex.P.217.06.2009Computer generated copy of the death certificate of P.Raghavan Nair, who died on 17.06.2009Ex.P.330.02.2011Photocopy of the legal heir certificate of P.Raghavan Nair issued on 30.02.2011.Ex.P.4.27.11.1984Photocopy of the allotment order dated 27.11.1984 issued by M/s Tamilnadu Slum Clearance Board in favour of P.RaghavanEx.P.517.09.1986Photocopy of the notice dated 17.09.1986 issued by Tamilnadu Slum 5/9 https://www.mhc.tn.gov.in/judis O.P.No.120 of 2025Clearance BoardEx.P.628.02.2024Printout of the property tax receipt in the name of Mr.O.P.Karunakaran issued by Greater Chennai Corporation Ex.P.728.02.2024Printout of the water tax & charges e-receipt in the name of petitioner issued by Chennai Metropolitan Water Supply & Sewerage BoardEx.P.812.05.2014Computer generated copy of the death certificate of O.P.Shanthidevi @ OP Shanthiammal, who died on 12.05.2014Ex.P.911.07.2021Computer generated copy of the legal heir certificate of O.P.Shanthidevi @ O.P.Santhiammal issued on 11.07.2021Ex.P.10-Photocopy of the Aadhar card of Mr.O.P.KarunakaranEx.P.11-Photocopy of the Aadhar Card of Mr.C.Prakash KumarEx.P.12-Photocopy of the Aadhar Card of Mr.C.RavikumarEx.P.13-Photocopy of the Aadhar Card of Mr.C.RajendranEx.P.14-Photocopy of the Aadhar Card of Mrs.Ambika BalakrishnanEx.P.1521.02.2024Photocopy of the letter issued by M/s Tamilnadu Urban Habitat Development in favour of O.P.Karunakaran Ex.P.1618.10.2011Computer generated copy of death certificate of Mrs.Asha Rajan, who died on 18.10.2011Ex.P.1722.12.2005Computer generated copy of the death 6/9 https://www.mhc.tn.gov.in/judis O.P.No.120 of 2025certificate of Mrs.O.P.Janaki Amma, who died on 22.12.2005Ex.P.1823.03.2024Printout of the guideline value of the suit property for land Ex.P.1923.03.2024Printout of the guideline value of the suit property for the building dated 23.03.2024Ex.P.2001.08.2025One Issue of Paper publication effected in Tamil Daily ‘Makkal Kural’Ex.P.2109.08.2025One issue of Paper publication effected in English daily ‘Trinity Mirror’ dated 09.08.2025Ex.P.22-Affidavit of Assets Showing the net value of estate Rs.38,59,543/-Ex.P.23-Certificate under Section 63 of BSA, 2023 filed for Exs. P2, P6 to P9, P17 to P20Ex.P.24 - Affidavit of P.W.2Ex.P.25 - Photocopy of aadhar of P.W.2Consent affidavits of R1 to R4 filed stating that they have no objection to the grant of Letters of Administration with the Will dated 20.11.2006 in favour of Mr.O.P.Kaunakaran, the petitioner 25.11.2025Index:Yes/No Speaking Order:Yes/Nossd7/9 https://www.mhc.tn.gov.in/judis O.P.No.120 of 2025P.DHANABAL.,JssdO.P. No. 1 20 of 202 5 8/9 https://www.mhc.tn.gov.in/judis O.P.No.120 of 202525.11.20259/9