High Court · 2025

O.P.No.731 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 17.04.2025CORAMTHE HONOURABLE MR.JUSTICE K.KUMARESH BABUO.P.No.731 of 20221.K.Vanaja2.M.Kanchana Devi @ Kanchana3.O.Annapoorani4.E.Palani... Petitioners Vs1.L.Radha @ Radhabai2.K.Padmavathy3.B.Lalitha4.B.Dhanalakshmi5.Ravikumar Gopalakrishnan6.Tamilselvi Gopalakrishnan Pille7.G.Kannan8.B.Chitra9.G.Dillibabu10.M.Shanmugasundaram (deceased)11.M.Gunalan12.M.Sampath13.Thilagavathi14.Kalavathi15.B.Shasirekha16.B.Kumar1/9 https://www.mhc.tn.gov.in/judis O.P.No.731 of 202217.B.Loganathan18.K.Sasikala @ Thangamani19.K.Ramesh20.S.Latha21.Padma22.A.Natarajan23.C.A.Nagarajan24.G.Radha25.G.Shalini26.G.Nareshkumar27.Devikarani Elumazhai28.T.Padmini29.E.Alamelumangammal30.E.Ravichandran31.S.Vijaya32.K.Gowri33.M.Banumathi34.Premavathi35.Ashok Kumar36.Sumathi37.Geetha Stephen Paul … Respondents(34th to 37th respondents are impleaded as LRs of 10th respondent (deceased) amendment carried out as per common order passed in A.No.4761 & 4762 of 2022 dated 26.09.2023) PRAYER: Original Petition filed for Letters of Administration with Will annexed under Sections 232 and 276 of Indian Succession Act 1925, read 2/9 https://www.mhc.tn.gov.in/judis O.P.No.731 of 2022with Order XXV Rule 5 of the Madras High Court Original Side Rules, 1956 to grant Letters of Administration with Will annexed may be granted to them as the next of kin and beneficiaries under the Will of the said deceased having limited to the State of Tamil Nadu and pass such further or other orders.For Petitioner : Mr.K.ChandruFor Respondents: M/s P.Pushpalatha for R1 to R9 Mr.V.Yogaraj for R11 to R18 Mr.Meiyappa Mohan for R19 to R26 Mrs.S.B.Priyadarshini for R27 to R33 No appearance for R10 and R34 to 37ORDERThe Original Petition has been filed for issuance of Letters of Administration in respect of the Will dated 08.07.2009 executed by Late.Mrs.Gnanambal, the testatrix. 2. The case of the petitioner is that the testatrix was married to one Sambandhamurthy, who had predeceased her. The couple had not begotten any issues during their during of the marriage. The testatrix had executed a 3/9 https://www.mhc.tn.gov.in/judis O.P.No.731 of 2022registered Will bearing Document No.132 of 2009 on the file of SRO, Sembiam.3. It is the further case of the petitioners is that as per the Will, 1/4th of the undivided share had been bequeathed to the legal heirs of Munusamy, Arumugam, the predeceased brother of the testatrix husband and the legal heirs of Padmavathi, the predeceased sister of the testatrix. 1/4th share was given to the legal heirs of one Elumalai who was alive with life interest one 1/3rd of the property to the said Elumalai during his life time. The said Elumalai also died on 13.12.2020, predeceasing the testatrix who had died on 07.06.2021. Therefore, he would submit that the petitioners and the re-spondents are the legal heirs of Munusamy, Arumugam, Elumalai and Pad-mavathi are now the beneficiaries under the Will as indicated therein. As no executor has been appointed, the present O.P. had been filed seeking for Letters of Administration of the property mentioned in the Will. The con-sent affidavit had been filed by the respondents 1 to 33. The respondents 34 to 37 had been impleaded as legal heirs of the deceased 10th respondent vide order dated 26.09.2022 made in A.Nos.4671 & 4672 of 2022.4/9 https://www.mhc.tn.gov.in/judis O.P.No.731 of 20224. The first petitioner had examined herself as PW1 and had marked Exs.P1 to P25, which has been listed under the foot of the order. Under Ex.P1, the registered Will dated 08.07.2009 executed by the testatrix had been marked and a perusal of the same would substantiate the claim of the petitioner as indicated supra. Death certificate of the testatrix had been marked as Ex.P3. The genealogy of the testatrix and her husband had been marked as Ex.P23. A perusal of the said genealogy in conjunction with the Will under Ex.P1 would indicate that the respective parties to the O.P are entitled of their respective shares mentioned therein in the Will. The consent affidavits of the respective respondents had also been placed on record before this Court and also entered appearance by their respective counsels.The petitioner had examined the second attestor Mrs.Josphene Emilda as PW2. She had categorically spoken about the execution of the Will by the testatrix and its attestation by her along with the other attesting witnesses in the proof affidavit. She had also deposed that she had been the witness who had identified the testatrix at the time of registration of the Will.5/9 https://www.mhc.tn.gov.in/judis O.P.No.731 of 2022 5. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petition-ers are entitled to the relief. 6. In view of the above mentioned facts, this Original Petition is or-dered and Letters of Administration are granted in favour of the petitioners, in respect of the Will dated 08.07.2009 of the testatrix Late.Mrs.Gnanambal. 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 Assis-tant Registrar (Original Side) of this Court. The petitioners are further di-rected to file an inventory of assets and statement of accounts within a peri-od of six months and one year, respectively.17.04.2025GbaIndex :Yes/NoSpeaking: Yes/ NoNeutral Citation: Yes/No6/9 https://www.mhc.tn.gov.in/judis O.P.No.731 of 2022Petitioner's witness:P.W.1 – Mrs.K.VanajaP.W.2 – Mrs.Josephine EmeldaDocuments exhibited by the petitioners:ExhibitsDocumentsEx.P1The Original Will dated 08.07.2009 executed by Mrs.Gnanambal.Ex.P2The computer generated death certificate of Mr.Sambanda MoorthyEx.P3The computer generated death certificate of Mrs.S.Gnanambal.Ex.P4The computer generated death certificate of Mr.V.Munusami Pillai.Ex.P5The photocopy of death certificate of Mr.C.Arumugam. (Compared with the original)Ex.P6The computer generated death certificate of Mr.Balaraman.Ex.P7The photocopy of the legal heir certificate of Mr.M.Balaraman (Compared with the original).Ex.P8The computer generated death certificate of Mr.Gopalakrishnan (Compared with the original).Ex.P9The photocopy of the legal heir certificate of Mr.Gopalakrishnan (Compared with the original).Ex.P10The computer generated death certificate of Mrs.B.Babysarojini.Ex.P11The computer generated legal heir certificate of Mrs.B.Babysarojini.Ex.P12The computer generated death certificate of Mr.G.Balakrishnan.7/9 https://www.mhc.tn.gov.in/judis O.P.No.731 of 2022ExhibitsDocumentsEx.P13The computer generated death certificate of Mr.Dhanda Pani.Ex.P14The computer generated attested Family tree of Mr.K.Ramesh.Ex.P15The computer generated death certificate of Mrs.Vasantha.Ex.P16The computer generated death certificate of Mr.Gopal.Ex.P17The computer generated legal heir certificate of Mr.Gopal.Ex.P18The computer generated legal heir certificate of Mr.C.Elumalai.Ex.P19The computer generated death certificate of Mrs.R.Kousalya.Ex.P20The computer generated death certificate of Mr.E.Munuswamy.Ex.P21The photocopy of the death certificate of Mr.A.Kalyankumar (Compared with the original).Ex.P22The photocopy of the Sale Deed dated 27.08.1957 executed in favour of Mrs.Gnanambal.Ex.P23The geneology of the deceased Mrs.Gnanambal Ammal @ S.Gnanambal.Ex.P24The copy of the paper publication effected in one issue of Tamil Daily “Makkal Kural” dated 01.03.2024.Ex.P25The copy of the paper publication effected in one issue of English Daily “Trinity Mirror” dated 08.03.2024.Ex.P26 The affidavit of the attesting witness.Ex.P27 The photocopy of the aadhar card of the attesting witness (Compared with the original).Gba 17.04.20258/9 https://www.mhc.tn.gov.in/judis O.P.No.731 of 2022K.KUMARESH BABU,J.GbaO.P.No.731 of 202217.04.20259/9