Madrasdated High Court · 2025

OP No. 12 of 2024For Petitioner(s):M/s.V.kannan For Respondent(s):No appearance (R1 to R14) Ms.R.V.Gayathri (R15 to R18)ORDERThis petition is filed by the petitioners to grant Letters of Administration with the will annexed to them as they are the grandsons/beneficiaries under the Will executed by late Thayar ammal having effect limited to the state of Tamil nadu.2.According to the petitioners, their grandmother Thayar Ammal died on 08.05.1973. She had immovable property in Door No.44, South Sivan Koil Street, Vadapalani, Chennai 600 027 and she purchased the said property through sale deed dated 25.01.1957. During her lifetime, she executed a registered Will dated 29.01.1973, bequeathing the properties to her husband Ponnusamy Pillai for his life time and thereafter, to her three sons namely V.P.Krishnan, P.Parthasarathy and V.P.Subramanian for their lifetime and thereafter to her grand sons born through her sons. The said testatrix Thayar Ammal died on 08.05.1973 and thereafter, her husband Ponnusamy Pillai enjoyed the properties and he died intestate in the year 1974. After the death of the said Ponnusamy Pillai, as per the Will, his sons namely V.P.Krishnan, P.Parthasarathy and V.P.Subramanian enjoyed the properties. The said __________Page 5 of 13 https://www.mhc.tn.gov.in/judis OP No. 12 of 2024V.P.Krishnan, son of the testatrix died on 23.09.1974, leaving behind the petitioners 5 to 8 as male members and also 3 daughters viz., respondents 12 to 14, along with his wife who is the 11th respondent herein as his legal heirs. Son of the said V.P.Krishnan namely Mohan also died on 28.04.2012, leaving behind the respondents 15 to 18 as his legal heirs. The another son of the testatrix namely V.P.Parthasarathy died intestate on 13.11.1984, leaving behind the petitioners 3 and 4 as male members and also 3 daughters viz., respondents 8 to 10 along with his wife, who is the 7th respondent herein. 3.The 3rd son of the testatrix namely V.P.Subramanian died on 08.07.1999, leaving behind his two sons viz., the petitioners 1 and 2 herein as male members and two daughters viz., respondents 5 and 6 along with his wife, who is the 4th respondent herein. The 1st respondent is the daughter of the deceased testatrix and she is living separately with her family members. After the demise of all the sons of the testatrix, the male children born to V.P.Krishnan, P.Parthasarathy and V.P.Subramanian are entitled to share all the properties. The said Will was kept under the custody of V.P.Parthasarathy and after his demise only, the petitioners were able to get the Will and therefore, they filed this petition with delay.__________Page 6 of 13 https://www.mhc.tn.gov.in/judis OP No. 12 of 20244.After filing of this petition, this Court directed the petitioners to effect paper publication, which was effected and no objections were received yet. The respondents also have not objected and filed consent affidavit, after which the matter has been posted for recording of evidence and petitioners examined two witnesses as P.W.1 and P.W.2 and marked 8 documents as Exs.P1 to P8. P.W.1 is one of the petitioners. P.W.2 has identified the signature of the attesting witness as well as the testatrix. Since both the attesting witnesses died, the petitioners have examined P.W.2 and he identified the signature of the attesting witness as well as the testatrix. There is no rival claim against the Will by the other parties. The petitioners' side evidence amply prove the Will, attestation and the execution of the Will. 5.Taking the evidence into consideration and the documents produced, the Original Petition stands allowed and the Letters of Administration to be granted to the petitioners in accordance with rules. Such Letters of Administration shall have effect throughout the State of Tamil Nadu. 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 and they are further directed to file an inventory of __________Page 7 of 13 https://www.mhc.tn.gov.in/judis OP No. 12 of 2024assets and statement of accounts within a period of six months and one year, respectively. 19-09-2025Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/NoGSAAPPENDIX Petitioners' witnesses:P.W.1 – Mr.S.GurumurthyP.W.2 – T.SubramanianDocuments marked:ExhibitsDocumentsEx.P1Original Will executed by Thayar Ammal under registered document No.4/1973 on the file of SRO Kodambakkam dated 29.01.1973.Ex.P2Original death certificate of testator Mrs.Thayar Ammal dated 21.07.1985.Ex.P3Original death certificate of Mr.V.P.Krishnan dated 30.12.1988.Ex.P4Original death certificate of Mr.V.P.Parthasarathy dated 29.10.2004.Ex.P5Original death certificate of Lakshmi Ammal dated 30.01.2004.Ex.P6Original death certificate of Mr.V.P.Subramanian dated 10.02.2004.Ex.P7General Paper publication of “Tamil Makkal Kural” dated __________Page 8 of 13 https://www.mhc.tn.gov.in/judis OP No. 12 of 2024ExhibitsDocuments08.06.2025.Ex.P8General Paper publication of “English Trinity Mirror” dated 15.06.2025.19.09.2025GSATo1.Yashodha Wife of Manickam, No.37, Azhagar Perumal Koil Street, Vadapalani, Chennai 600 026.2.Rangammal,W/o. Munusamy, No.33/79, South Sivan Koil Street, Vadapalani, Chennai 600 026.3.T.Subramani,S/o.Thanjan Pillai, No.51, Agathiar Street, Gandhi Nagar, Saligramam, Chennai 600 093.4.Sarojini,W/o.Late V.P.Subramanian, No.27, Pillaiyar Koil Street, VAdapalani, Chennai 600 026.__________Page 9 of 13 https://www.mhc.tn.gov.in/judis OP No. 12 of 20245.C.Indira,W/o.Chandrasekar D/o.Late V.P.Subramanian, No.18/1, Viswanathapuram 2nd Main Road, Kodambakkam, Chennai 600 024.6.R.Devi,W/o.R.Raji, D/o.late V.P. Subramanian, Plot No.30, V.M.Nagar, Thiruvallur 602 001.7.Yashodha ammal,W/o.Late V.P.Parthasarathy, No.44, South Sivan Koil Street, Vadapalani, Chennai 600 026.8.Shantha,D/o.Late V.P.Parthasarathy, No.44/104, South Sivan Koil Street, Vadapalani, Chennai 600 026.9.P.VijayalakshmiD/o.Late V.P. Parthasarathy, No.44/104, South Sivan Koil Street, Vadapalani, Chennai 600 026.10.P.Sujatha,D/o.Late V.P.Parthasarathy, No.11 A/A, Maniam Estate, Lathiv Colony 3rd Street, Zamin Pallavaram, Chennai 600 043.__________Page 10 of 13 https://www.mhc.tn.gov.in/judis OP No. 12 of 202411.Bangaru ammalW/o.Late P.Krishnan, No.44, South Sivan Koil Street, Vadapalani, Chennai 600 026.12.Anbumozhi,D/o.late P.Krishnan, No.44, South Sivan Koil Street, Vadapalani, Chennai 600 026.13.Meenakshi,D/o.Late P.Krishnan, No.20, Ayyanpattai Street, Tiruporur, Kancheepuram District.14.LakshmiD/o.Late P.Krishnan, No.44, South Sivan Koil Street, Vadapalani, Chennai 600 026.15.Tamilselvi,W/o.Late Mohan No.24, Ayyam Pettai Street, Thiruporur, Chengalpat Taluk and District.16.RajalakshmiD/o.Late Mohan No.24, Ayyam Pettai Street, Thiruporur, Chengalpat Taluk and District.17.Shyamala,__________Page 11 of 13 https://www.mhc.tn.gov.in/judis OP No. 12 of 2024D/o.Late Mohan No.164, 9th Main Road, Shanmuga Nagar, Mannivokkam, TChengalpat District.18.M.Kannan,S/o.Late Mohan, No.44 South Sivian Koil Street, Vadapalani, Chennai 600 026.__________Page 12 of 13 https://www.mhc.tn.gov.in/judis OP No. 12 of 2024P.DHANABAL, J.GSAOP No. 12 of 202419-09-2025__________Page 13 of 13