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2025 Supreme(Online)(Mad) 56175

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Kumaresh Babu, J
Mrs. A. Ambika and 4 others – Appellant
Versus
No Respondent – Respondent


Advocates:
For the Petitioners: M/s.R.Ravindran

Table of Content
1. legal heirs can seek letters of administration despite issues with attesting witnesses. (Para 2 , 3)
2. court grants letters of administration based on legal heirship and evidence. (Para 5)

ORDER

This Original Petition was initially filed for issuance of Letters of Administration in respect of the Will dated 22.06.2001 executed by Mr.K.V.Nityanadam who died on 14.11.2019. Later on the date of 25.08.2025, the petitioners 1 to 5 had filed a memo, seeking to modify the relief originally sought in the present Original Petition by converting the prayer as to grant the Letters of Administration in respect of the estate of the deceased without any reference to the Will. The petitioners sought the above said modification of the prayer, as they were unable to examine the attesting witnesses to the Will dated 22.06.2001, since one of the attesting witness to the Will Mr.A.M.Kannan died on 17.06.2024 as corroborated by his death certificate (Ex.P10), and the other attesting Witness Mr.N.Subramani, who is presently aged about 88 years, is hospitalized and hence is unable to appear and depose as a witness.

2. The petitioners submit that the above said deceased Late.

Mr.K.V.Nityan

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