IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice P. DHANABAL
Lavanya – Appellant
Versus
J.Deenadayalan (Deceased) AND 5 OTHERS – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-11-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL
1. Lavanya W/o.Mr.Jai Balaji, No.3A, Krishnalayam Apartment, 4th Street, VOC Nagar, Anna Nagar East, Chennai - 600 102.
Petitioner(s)
Vs
1. J.Deenadayalan (Deceased) AND 5 OTHERS S/o.Late V.T.Jayarama Mudaliar, 2/1, 1st Lane, Vasantha Garden, Ayanavaram, Chennai - 600 023.
2.S.Ramani @ Ramani Bai W/o.Late Sambandam, 10/17, Patel Street, Razack Garden, Arumbakkam, Chennai - 600 106.
3.Vasupradha W/o.Mr.Venkatesh, 10/17, Patel Street, Razack Garden, Arumbakkam, Chennai - 600 106.
4.Kalyani Deenadayalan W/o.Deenadayalan, 5.A.Anitha D/o.Deenadayalan, 6.S.Priyadharsini D/o.Deenadayalan, Respondent 4 to 6 residing at No.2/1, 1st Lane, Vasantha Garden, Ayanavaram, Chennai - 600 023. (Respondent 4 to 6 brought on record as legal heirs of the deceased 1st respondent as per order dated
26.04.2023 in A.No.1922/2022 in OP.No.778/2021)
Respondent(s)
OP No. 778 of 2021 PRAYER: Original Petition has been filed under Sections 232 and 276 of the Indian Succession Act and Order XXV Rule 5 of Original Side Rules praying that this Hon'ble Court may be pleased to grant Letters of Administration with the Will annexed hereto to the petitioner as one of the legal heirs of late Mrs.P.Banumathi (legatee) who was the daughter of deceased Mrs.J.Indirani to whom the property has been bequeathed under the Will by the said Mrs.J.Indirani to have effect limited to the State of Tamil Nadu Gross Amount Rs.30,00,000/- and Net Amount Rs.29,98,000/- Suc.duty of 25,000/- paid on
31.01.2022 by e-C/F.
For Petitioner(s): M/s.M.A.Lakshmipathi For Respondent(s): R1- Died R2 to R6 - Notice served – no appearance.
ORDER
This petition has been filed under Section 232 and 276 of the Indian Succession Act to grant Letters of Administration to the petitioner to the estates and credits of the deceased having effect limited to the State of Tamil Nadu.
2. After filing of this petition, this Court directed the petitioner to effect paper publication in any one of the issue of Tamil Daily and also in 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 petitioner, PW1 and PW2 were examined and Ex.P.1 to Ex.P7 were marked.
. According to the petitioner, one Mrs. J.Indirani W/o. Late V.T.
Jayaraman, died on 05.05.2006 leaving behind her son Mr. J. Deenadayalan, daughters Mrs.Banumathy and Mrs. Ramani @ Ramani Bai and her husband V.T. Jayaraman predeceased her and her parents also predeceased her. The deceased Mrs. J. Indirani has executed her last Will and Testament dated 20.10.1994 bequeathing her property viz., Plot No.1/3, LIG-II at Maduravoyal Scheme comprised in T.S. No.170/1A (part) of Maduravoyal Village to an extent of 1000 sq. ft. in favour of her daughter Mrs. P. Bhanumathy W/o. Mr. R. Parasuraman, under a Will dated 20.10.1994. The said Mrs. P. Bhanumathy, who was the absolute owner of the said property, died on 03.08.2019 leaving behind her, the petitioner and the 3rd respondent as her surviving legal heirs. The husband of Mrs. P. Bhanumathy predeceased her. Therefore, the petitioner and the 3rd respondent are alone entitled to the above said property. The amount of assets which are likely to come into the hands of the petitioner is approximately Rs.30,00,000/-. Except the petitioner and the respondents, there is no other next of kin to the deceased. The respondents 2 and 3 have given their consent for grant of letters of administration in favour of the petitioner. As the 1st respondent died, the respondents 4 to 6 have been impleaded. The respondents
4 to 6 never entered their appearance nor opposed this petition.
4. The petitioner herein, was examined as PW1 and Ex.P.1 to Ex.P.7 were marked. She has reiterated the petition averments and further stated that the deceased executed a Will dated 20.10.1994 in the presence of the a
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