O.P.No.37 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

O.P.No.37 of 2022

1.Mrs.Jamuna @ Yamua

2.Yasotha

… Petitioners

PRAYER: Original Petition filed for issuance of Letters of Administration

under Section 232 & 276 of the Indian Succession Act, r/w.XXV Rule 5 of

the Original Side Rules, prays that the Letters of Administration with the

Will of the deceased annexed may be granted to the petitioners as daughters

of the deceased/ legate beneficiary under the Will of the said deceased.

For Petitioners : Ms.Shalini

for Mr.S.Jaganathan

ORDER

This Original Petition has filed for issuance of Letters of Administration

in respect of the Will dated 29.09.2005 executed by S.Vasantha, who died on

04.06.2021. The petitioners are the daughters of the testatrix S.Vasantha. The

petitioners are the beneficiaries under the Will. The testatrix has not appointed

any executor under the Will. The petitioners seek issuance of Letters of

1/5

https://www.mhc.tn.gov.in/judis

O.P.No.37 of 2022

Administration in respect of the properties situate within the jurisdiction of this

Court.

2. The first petitioner has been examined as P.W.1. She has produced the

death certificates of the testatrix S.Vasantha, and S.Bakthavachalam (first

attesting witness) and G.Mani (second attesting witness) as Exs.P1, P11 and

P12. The legal heirship certificate of the testatrix S.Vasantha, has been marked

as Ex.P2. A perusal of Ex.P2 shows that the petitioners are the only surviving

Class-I legal heirs of the testatrix. The Original Will dated 29.09.2005 has been

produced as Ex.P10. A paper publication has been made and any objections

have not been received.

3. One Mr. B. Nagarajan, who is the son of the first attesting witness

was examined as P.W.2, as his father died on 29.08.2015. He has identified the

signature of his father late S. Bakthavachalam at the attesting column in the

will dated 29.09.2005.

4. In view of the above, this Original Petition is ordered and Letters of

Administration is granted in favour of the petitioners, in respect of the Will

dated 29.09.2005 of the testatrix S. Vasantha. The petitioners are directed to

2/5

https://www.mhc.tn.gov.in/judis

O.P.No.37 of 2022

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.

26.04.2023

gba

Index :Yes/No

Speaking order: Yes/ No

Neutral citation: Yes/ No

Petitioners' witness:

P.W.1 - Mrs.Jamuna @ Yamuna

P.W.2 – Mr.B.Nagarajan

Documents exhibited by the petitioners:

Exhibits

Documents

Ex.P1

Computer generated death certificate of S.Vasantha

Ex.P2

Computer generated legal heirship certificate of S.Vasantha

Ex.P3

Photocopy of the Sale Deed dated 03.08.1992 executed in

favour of S.Vasantha

Ex.P4

Photocopy of the marriage invitation of Jammuna @ Yamuna

Ex.P5

Photocopy of the Aadhar card of E.Jamuna

Ex.P6

Photocopy of the Aadhar card of Yasotha

Ex.P7

Affidavit of assets showing the net value of the estate as

Rs.70,00,000/-

Ex.P8

Copy of paper publication effected in one issue of Tamil daily

“Maalai Kural”dated 28.12.2022

Ex.P9

Copy of paper publication effected in one issue of English

3/5

https://www.mhc.tn.gov.in/judis

O.P.No.37 of 2022

Exhibits

Documents

daily “Trinity Mirror”dated 11.12.2022

Ex.P10

Original registered Will dated 20.09.2005 executed by

Mrs.S.Vasantha

Ex.P11

Computer generated death certificate of S.Bakthavahalam who

is the 1^st attesting witness to Ex.P10, Will

Ex.P12

Computer generated death certificate of G.Mani who is the 2^nd

attesting witness to Ex.P10, Will

Ex.P13

Photocopy of the 3^rd party PW2 Aadhar card

Ex.P14

Affidavit of PW2 as third party

26.04.2023

gba

4/5

http