IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE P.DHANABAL Dr.T.Rajasekaran, ...Petitioner Vs

1. Mrs.T.Boolakshmi, 2. Mr.T.Sanjeev Kumar, 3. Mr.T.Shanmuga Sundaram, 4. Mr.T.Gunaseelan, 5. Mrs.T.Indira Devi, 6. Mrs.V.Vijayarani, 7. Ms.V.Rajalakshmi, 8. Mr.V.Balachandar, 9. Mrs.V.Soundariya, …Respondents PRAYER : Original Petition is filed under Section 232 and 276 of the Indian Succession Act and Order XXV Rule 5 of the Original Side Rules praying to prove the Will dated 21.06.2000 and registered as Doc.No.19/2000 in the office of Bargur Sub-Registrar Office, Krishnagiri District in common form, and that the Letter of Administration thereof, to have effect throughout the whole state of Tamil Nadu may be granted to him.

For Petitioner : Mr.V.Manisekaran For Respondents : No appearance

ORDER

This Original Petition has been filed by the petitioner under Section

232 and 276 of the Indian Succession Act and Order XXV Rule 5 of the Original Side Rules to grant Letters of Administration in respect of the Will dated 21.06.2000, executed by the Testator, namely, Mr.B.S.Thimmichetty, in favour of the petitioner and having effect limited to the State of Tamil Nadu.

2. After the filing of this petition, this Court directed the petitioner to effect paper publication in any one of the issues of the Tamil daily and also in the English daily and the paper publication was also effected and there is no any objection from any party. Thereafter, the case was posted for recording evidence and the evidence was also recorded. On the side of the petitioners, PW1 to PW2 were examined and Exs.P1 to P12 were marked.

3(a). According to the petitioner, the Testator, namely Mr.B.S.Thimmichetty, got married with the first respondent, Mrs.T.Boolakshmi and out of their wedlock, six children were born to them namely, 1.Mr.T.Sanjeev Kumar, 2.Mr.T.Vijayaraghavan, 3.Mr.T.Shanmuga Sundaram, 4. Dr.T.Rajasekaran, 5.Mr.T.Gunaseelan and 6.Mrs.T.Indra Devi.

(b). The second son of the Testator, namely Mr.T.Vijayaraghavan, died on 26.01.2005, leaving behind the respondents 6 to 9 as his legal heirs. The petitioner is one of the sons of the deceased Testator, namely Mr.B.S.Thimmichetty. Already the petitioner and the respondents 1 to 5, along with their father Mr.B.S.Thimmichetty, had divided the Schedule property through a Partition Deed dated 26.03.1994. In that partition, the Scheduled property was allotted to the said Mr.B.S.Thimmichetty. During the lifetime of the Testator, Mr.B.S.Thimmichetty, he executed a Will dated 21.06.2000, bequeathing the property in favour of the petitioner. Therefore, the petitioner filed this Original Petition.

4. In order to prove the case of the petitioner, he examined P.W.1 and P.W.2 and marked twelve documents as Exs.P1 to P12.

5. P.W.2 is the attesting witness of the Will dated 21.06.2000 and he deposed about the execution and attestation of the Will dated 21.06.2000. Ex.P1 is the registered Will dated 21.06.2000, executed by the Testator, namely Mr.B.S.Thimmichetty, in favour of the petitioner.

6. On perusal of the evidence of P.W.1 and P.W.2 and Exs.P1 to Ex.P12, they revealed that the deceased Testator, Mr.B.S.Thimmichetty is the owner of the property and he executed the Will dated 21.06.2000 and thereafter, the said Testator of the Will died on 17.09.2022. The said Will was executed in the presence of the two attesting witnesses and the attesting witnesses also deposed about the execution and attestation of the Will dated 21.06.2000. Therefore, the petitioner has amply proved the Will dated 21.06.2000. The respondents have not objected and they also filed the consent affidavits. Therefore, the petitioner is entitled to the relief as prayed for in this petition.

7. Therefore, this Original Petition is allowed and Letters of Administration in respect of the Will dated 21.06.2000 executed by Mr.B.S.Thimmichetty S/o.Mr.B.K.Sanjeevi Chetty, in favour of the petitioner is granted.

8. Issue Letters of Adm