Court emphasized the necessity of proving legal heirship and adequate documentation for issuance of Letters of Administration under the Indian Succession Act.

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.Nityanadam was married to one Mrs.N.Vasantha and had begotten the petitioners 1 to 5 as their children out of the said wedlock. The petitioners further submit that their father had purchased an immovable property of a vacant housing plot vide Conveyance Deed dated 26.09.1968, registered as Document No.3705 of 1986 in the SRO of Sembium. The petitioners state that testator during his lifetime was employed as a Railway Servant under the Ministry of Railways, Government of India. In order to develop and construct a building in the aforesaid vacant plot, the testator himself had mortgaged the above said immovable property with his employer, the President of India, vide a Mortgage Deed dated 26.02.1972 registered as Document No.753 of 1972 in SRO of Sembium. Subsequently, in order to complete the construction, the testator had borrowed additional loan amount and had accordingly executed a Supplementary Mortgage Deed dated 27.01.1973 registered as Document No.300 of 1973 in SRO of Sembium for the same. The petitioners further submit that the testator had developed the immovable property and constructed a house bearing ground and first floor, and enjoyed the same until his lifetime. The petitioner submits that the testator died on 14.11.2019 leaving behind his wife and his daughters, the petitioners herein as his only legal heirs. Subsequently Mrs.N.Vasantha, the wife of the testator died on 14.04.2021, thereby leaving behind the petitioners 1 to 5 as the sole legal heirs of the deceased Late.Mr.K.V.Nityanadam. Therefore the petitioners 1 to 5 as the sole legal heir of the deceased seeks issuance of Letters of Administration in respect of the property mentioned in the petition, which is situated within the jurisdiction of this court.

3. The 4^th petitioner has been examined as PW1. She has produced 17 documents to support her depositions which are listed as Ex.P1 to Ex.P17 at the foot of the order. The photocopy of the Conveyance Deed dated 26.09.1968 has been marked as Ex.P2. The photocopies of the Mortgage Deed dated 26.02.1972 and Supplementary Mortgage Deed dated 27.01.1973, both executed by the testator to the President of India, Ministry of Railways, pertaining to the subject property. The printouts of the death certificates of the testator and his wife, Late.Mrs.Vasantha, have been marked as Ex.P6 and Ex.P8 respectively. The printout of the Legal heirship certificate of the testator has been marked as Ex.P7. The perusal of the aforesaid Ex.P7, clearly proves that the petitioners 1 to 5 are the only surviving legal heirs of the deceased and it further substantiates the claims made in the petition, that as the legal heirs of the deceased, the petitioners are entitled to his property. The general paper publication has been effected, which has been marked as E