High Court · 2025

O.P.No.371 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 18.02.2025CORAMTHE HONOURABLE MR.JUSTICE K.KUMARESH BABUO.P.No.371 of 2023Mrs.Saroja Ammal @ Sarojini... Petitioner Vs1.Kuppammal2.Durairaj3.Amudha4.Hamsa5.Meganathan6.Jayaprakash7.Loganayagi8.Krishnaveni (Deceased)9.Meenakshi10.Yasodha11.Chockalingam12.Selvaraj13.Sundar14.Udhaya15.Shanthi16.Durai17.Baskar18.Anand19.Kaveri20.Arulselvi21.Pavithra1/8 https://www.mhc.tn.gov.in/judis O.P.No.371 of 202322.Bala23.Vijayalakshmi24.Pramila25.Jayalakshmi26.Shanmugapriya27.Umamageshwari28.Lokeshkumar… RespondentsRespondents 23 to 28 brought on record as LRs of the deceased 8th respondent and the amendment carried out as per order dated 28.11.2023 in Appl.No.6266 of 2023 in O.P.No.371 of 2023PRAYER: Original Petition filed for Letters of Administration under Sections 232 and 276 of Indian Succession Act 1925 (Act XXXIX of 1925) read with Order XXV Rule 5 of the Madras High Court Original Side Rules, 1956 for grant of Letters of Administration with the certified copy of Will annexed to the petitioner being the daughter/beneficiary of legatee under the said will was duly registered before the SRO Kodambakkam vide document No.48 of 1992, dated 26.02.1992, of the said deceased M.Pattammal having effect throughout to the State of Tamil Nadu and pass such further order. For Petitioner : Mr.M.SilambarasanFor Respondents: No Appearance.ORDERThis Original Petition has been filed for issuance of the Letters of Administration in respect of the Will dated 26.02.1992 executed by late.M.Pattammal, who died on 07.07.1994. The testatrix had three 2/8 https://www.mhc.tn.gov.in/judis O.P.No.371 of 2023daughters including the petitioner and one son. The respondents 1 to 3, 8 to 19 are the grandchildren of the testarix through her daughters Andalammal and Sivagami and her son Ganesan. The respondents 4 to 7 and 20 to 22 are the legal heirs of testatrix's grandsons Kumar and Sankar. The petitioner and the respondents are the only surviving legal heirs of the testatrix. The testarix has executed three wills in respect of a property divided into three equal halfs, in favour of her three daughters. The other two wills were granted with letters of Administration vide order dated 17.09.1996 and 24.04.2007. The petitioner is the only beneficiaries under the said will and the testatrix has not appointed executor under the will. The petitioner seeks issuance of Letters of Administration in respect of the properties situated within the jurisdiction of this court.2. The petitioner has examined herself as PW1. She has produced the death certificates of the Testatrix, her daughters and her son as Ex.P3, Ex.P5, Ex.P6 and Ex.P7. The death certificate of testatrix son's wife Mrs.Nila as Ex.P8. The dealth certificates of the testatrix's grandsons as Ex.P12 and Ex.P13. The certified copy of the will and testament dated 26.02.1992 as Ex.P2. The certified copy of the Letters of Administration order dated 24.04.2007 as Ex.P10. The certified copy of the affidavit of 3/8 https://www.mhc.tn.gov.in/judis O.P.No.371 of 2023Mr.S.Alagiri which was filed and marked as Ex.P4 in OP.No.931 of 2006 as Ex.P11. On perusal of Ex.P2, the testatrix has stated that she has three daughters and one son including the petitioner. The paper publications were made and marked as Ex.P15 and Ex.P16 wherein it was stated that petitioner and respondents are the surviving legal heirs of the deceased Pattammal and objections have not recevied. Hence, the petitioner and respondents are the surviving legal heirs of the deceased Pattammal. 3. The petitioner has examined Mr.S.Azhagiri, who is the first attesting witness to the said Will as PW3. He has spoken about the execution of the Will by the testatrix and its attestation by him and has marked his affidavit as Ex.P18. The petitioner also has examined one Mr.Chockalingam, who is a third party and grand son of testatrix through her son as PW2. He has spoken about the execution of the Will by the testatrix and its attestation by the attesting witnesses. Eventhough PW2 was examined to substantiate the Will, his evidence cannot be a conclusive proof for proving the Will as he is neither the attestor nor the relative to the attestor to prove the signature of the attestor, however in view of PW3's catergorically evidence the will stands proved.4/8 https://www.mhc.tn.gov.in/judis O.P.No.371 of 20234. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioner, in respect of the Will dated 26.02.1992 of the testatrix late.M.Pattammal. The petitioners are directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) in the name of the Assistant Registrar (Original Side) of this Court. The petitioners are further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively.18.02.2025GbaIndex :Yes/NoSpeaking: Yes/ NoNeutral Citation: Yes/NoPetitioner's witness:P.W.1 —Mr.M.Saroja Ammal @ SarojiniP.W.2 – Mr.ChockalingamP.W.3 – Mr.S.AzhagiriDocuments exhibited by the petitioners:ExhibitsDocumentsEx.P1Photocopy of PW-1's Aadhar card (Compared with the original)Ex.P2Certified copy of the Will dated 26.02.1992 executed by Mrs.PattammalEx.P3Computer generated death certificate of Mrs.Pattammal along with certificate under 63(A) of BSA, 20235/8 https://www.mhc.tn.gov.in/judis O.P.No.371 of 2023ExhibitsDocumentsEx.P4Certified copy of the sale deed dated 07.06.1960 executed in favour of Mrs.M.Pattammal (witness states that the original sale deed is filed in OP.No.386 of 1996. This document is marked subject to its admissibility, proof and relevancy) Ex.P5Computer generated death certificate of Mrs.N.Andalammal along with certificate under 63(A) of BSA, 2023Ex.P6Computer generated death certificate of Mrs.R.Sivagami along with certificate under 63(A) of BSA, 2023Ex.P7Computer generated death certificate of Mr.M.Ganesan along with certificate under 63(A) of BSA, 2023Ex.P8Computer generated death certificate of Mrs.K.Nila along with certificate under 63(A) of BSA, 2023Ex.P9Certified copy of the order of Letters of Administration granted by this Court in favour of Mrs.Sivagami Sundari @ Sivagami in OP.No.931 of 2006 on 24.04.2007Ex.P10Certified copy of the order dated 24.04.2007 in OP.No.931 of 2006 in favour of Mrs.Sivagami Sundari @ Sivagami in OP.No.931 of 2006 passed by this CourtEx.P11Certified copy of the affidavit of Mr.S.Alagiri which was filed and marked as Ex.P4 in OP.No.931 of 2006 (This document is marked subject to its admissibility, proof and relevancy)Ex.P12Computer generated death certificate of Mr.N.Kumar along with certificate under 63(A) of BSA, 2023Ex.P13Computer generated death certificate of Mr.P.Sankar along with certificate under 63(A) of BSA, 2023Ex.P14Affidavit of assets showing the net value of the estate as Rs.70,00,000/-Ex.P15Copy of the paper publication effected in one issue of Tamil Daily “Makkal Kural” dated 03.06.2024Ex.P16Copy of the paper publication effected in one issue of English Daily “Trinity Mirror” dated 10.06.2024Ex.P17Photocopy of PW-2's Aadhar Card (Compared with the 6/8 https://www.mhc.tn.gov.in/judis O.P.No.371 of 2023ExhibitsDocumentsoriginal)Ex.P18Affidavit of PW-3Ex.P19Photocopy of PW-3's Aadhar Card (Compared with original)18.02.2025Gba7/8 https://www.mhc.tn.gov.in/judis O.P.No.371 of 2023K.KUMARESH BABU,J.GbaO.P.No.371 of 202318.02.20258/8

O.P.No.371 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 18.02.2025CORAMTHE HONOURABLE MR.JUSTICE K.KUMARESH BABUO.P.No.371 of 2023Mrs.Saroja Ammal @ Sarojini... Petitioner Vs1.Kuppammal2.Durairaj3.Amudha4.Hamsa5.Meganathan6.Jayaprakash7.Loganayagi8.Krishnaveni (Deceased)9.Meenakshi10.Yasodha11.Chockalingam12.Selvaraj13.Sundar14.Udhaya15.Shanthi16.Durai17.Baskar18.Anand19.Kaveri20.Arulselvi21.Pavithra1/8 https://www.mhc.tn.gov.in/judis O.P.No.371 of 202322.Bala23.Vijayalakshmi24.Pramila25.Jayalakshmi26.Shanmugapriya27.Umamageshwari28.Lokeshkumar… RespondentsRespondents 23 to 28 brought on record as LRs of the deceased 8th respondent and the amendment carried out as per order dated 28.11.2023 in Appl.No.6266 of 2023 in O.P.No.371 of 2023PRAYER: Original Petition filed for Letters of Administration under Sections 232 and 276 of Indian Succession Act 1925 (Act XXXIX of 1925) read with Order XXV Rule 5 of the Madras High Court Original Side Rules, 1956 for grant of Letters of Administration with the certified copy of Will annexed to the petitioner being the daughter/beneficiary of legatee under the said will was duly registered before the SRO Kodambakkam vide document No.48 of 1992, dated 26.02.1992, of the said deceased M.Pattammal having effect throughout to the State of Tamil Nadu and pass such further order. For Petitioner : Mr.M.SilambarasanFor Respondents: No Appearance.ORDERThis Original Petition has been filed for issuance of the Letters of Administration in respect of the Will dated 26.02.1992 executed by late.M.Pattammal, who died on 07.07.1994. The testatrix had three 2/8 https://www.mhc.tn.gov.in/judis O.P.No.371 of 2023daughters including the petitioner and one son. The respondents 1 to 3, 8 to 19 are the grandchildren of the testarix through her daughters Andalammal and Sivagami and her son Ganesan. The respondents 4 to 7 and 20 to 22 are the legal heirs of testatrix's grandsons Kumar and Sankar. The petitioner and the respondents are the only surviving legal heirs of the testatrix. The testarix has executed three wills in respect of a property divided into three equal halfs, in favour of her three daughters. The other two wills were granted with letters of Administration vide order dated 17.09.1996 and 24.04.2007. The petitioner is the only beneficiaries under the said will and the testatrix has not appointed executor under the will. The petitioner seeks issuance of Letters of Administration in respect of the properties situated within the jurisdiction of this court.2. The petitioner has examined herself as PW1. She has produced the death certificates of the Testatrix, her daughters and her son as Ex.P3, Ex.P5, Ex.P6 and Ex.P7. The death certificate of testatrix son's wife Mrs.Nila as Ex.P8. The dealth certificates of the testatrix's grandsons as Ex.P12 and Ex.P13. The certified copy of the will and testament dated 26.02.1992 as Ex.P2. The certified copy of the Letters of Administration order dated 24.04.2007 as Ex.P10. The certified copy of the affidavit of 3/8 https://www.mhc.tn.gov.in/judis O.P.No.371 of 2023Mr.S.Alagiri which was filed and marked as Ex.P4 in OP.No.931 of 2006 as Ex.P11. On perusal of Ex.P2, the testatrix has stated that she has three daughters and one son including the petitioner. The paper publications were made and marked as Ex.P15 and Ex.P16 wherein it was stated that petitioner and respondents are the surviving legal heirs of the deceased Pattammal and objections have not recevied. Hence, the petitioner and respondents are the surviving legal heirs of the deceased Pattammal. 3. The petitioner has examined Mr.S.Azhagiri, who is the first attesting witness to the said Will as PW3. He has spoken about the execution of the Will by the testatrix and its attestation by him and has marked his affidavit as Ex.P18. The petitioner also has examined one Mr.Chockalingam, who is a third party and grand son of testatrix through her son as PW2. He has spoken about the execution of the Will by the testatrix and its attestation by the attesting witnesses. Eventhough PW2 was examined to substantiate the Will, his evidence cannot be a conclusive proof for proving the Will as he is neither the attestor nor the relative to the attestor to prove the signature of the attestor, however in view of PW3's catergorically evidence the will stands proved.4/8 https://www.mhc.tn.gov.in/judis O.P.No.371 of 20234. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioner, in respect of the Will dated 26.02.1992 of the testatrix late.M.Pattammal. The petitioners are directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) in the name of the Assistant Registrar (Original Side) of this Court. The petitioners are further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively.18.02.2025GbaIndex :Yes/NoSpeaking: Yes/ NoNeutral Citation: Yes/NoPetitioner's witness:P.W.1 —Mr.M.Saroja Ammal @ SarojiniP.W.2 – Mr.ChockalingamP.W.3 – Mr.S.AzhagiriDocuments exhibited by the petitioners:ExhibitsDocumentsEx.P1Photocopy of PW-1's Aadhar card (Compared with the original)Ex.P2Certified copy of the Will dated 26.02.1992 executed by Mrs.PattammalEx.P3Computer generated death certificate of Mrs.Pattammal along with certificate under 63(A) of BSA, 20235/8 https://www.mhc.tn.gov.in/judis O.P.No.371 of 2023ExhibitsDocumentsEx.P4Certified copy of the sale deed dated 07.06.1960 executed in favour of Mrs.M.Pattammal (witness states that the original sale deed is filed in OP.No.386 of 1996. This document is marked subject to its admissibility, proof and relevancy) Ex.P5Computer generated death certificate of Mrs.N.Andalammal along with certificate under 63(A) of BSA, 2023Ex.P6Computer generated death certificate of Mrs.R.Sivagami along with certificate under 63(A) of BSA, 2023Ex.P7Computer generated death certificate of Mr.M.Ganesan along with certificate under 63(A) of BSA, 2023Ex.P8Computer generated death certificate of Mrs.K.Nila along with certificate under 63(A) of BSA, 2023Ex.P9Certified copy of the order of Letters of Administration granted by this Court in favour of Mrs.Sivagami Sundari @ Sivagami in OP.No.931 of 2006 on 24.04.2007Ex.P10Certified copy of the order dated 24.04.2007 in OP.No.931 of 2006 in favour of Mrs.Sivagami Sundari @ Sivagami in OP.No.931 of 2006 passed by this CourtEx.P11Certified copy of the affidavit of Mr.S.Alagiri which was filed and marked as Ex.P4 in OP.No.931 of 2006 (This document is marked subject to its admissibility, proof and relevancy)Ex.P12Computer generated death certificate of Mr.N.Kumar along with certificate under 63(A) of BSA, 2023Ex.P13Computer generated death certificate of Mr.P.Sankar along with certificate under 63(A) of BSA, 2023Ex.P14Affidavit of assets showing the net value of the estate as Rs.70,00,000/-Ex.P15Copy of the paper publication effected in one issue of Tamil Daily “Makkal Kural” dated 03.06.2024Ex.P16Copy of the paper publication effected in one issue of English Daily “Trinity Mirror” dated 10.06.2024Ex.P17Photocopy of PW-2's Aadhar Card (Compared with the 6/8 https://www.mhc.tn.gov.in/judis O.P.No.371 of 2023ExhibitsDocumentsoriginal)Ex.P18Affidavit of PW-3Ex.P19Photocopy of PW-3's Aadhar Card (Compared with original)18.02.2025Gba7/8 https://www.mhc.tn.gov.in/judis O.P.No.371 of 2023K.KUMARESH BABU,J.GbaO.P.No.371 of 202318.02.20258/8