IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-11-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL

1. K.Palaniammal and 2 others W/o. Krishnan, Old No.32/4, New No.90, Vanniyar Street, Kodambakkam, Chennai 600 024.

2. K.Bhuvaneswari W/o. T.Sridhar, Old No.32/4, New No.90, Vanniyar Street, Kodambakkam, Chennai 600 024.

3. K.Sulochana W/o. K.Sadhasivam, No.31/71, Vanniyar Street, Kodambakkam, Chennai 600 024.

Petitioner(s)

Vs

1. No Respondent NIL Respondent(s)

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 to grant Letters of Administration with Will annexed to the petitioners as the daughter and grand daughters, legatees under the Will of the said deceased having effect limited to the State of Tamil Nadu. Gross Amount of Rs.50,00,000/- and Net Amount of Rs.50,00,000/- Suc.duty of Rs.25,000/- paid on 15.04.2025 by e-C/F D.No.15144/2025.

For Petitioner(s): K.Surendar

ORDER

This petition has been filed under Section 232 and 276 of the Indian Succession Act and under Order XXV and Rules 5 of Original Side Rules to grant Letters of Administration to the petitioners 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 petitioners 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 petitioners, PW1 and PW2 were examined and Ex.P.1 to Ex.P8 were marked.

. According to the petitioners, one Mrs. S. Pattammal is the mother of the

1^st petitioner and grandmother of the petitioners 2 and 3. The said Mrs. S. Pattammal died on 23.11.1993 leaving behind her only daughter Mrs. K. Palaniammal, the 1^st petitioner herein, as her legal heir. The husband of the deceased Mrs. S. Pattammal predeceased her. The deceased Mrs. S. Pattammal, during her lifetime, had possessed properties in Chennai within the jurisdiction of this Court. The last Will and Testament executed by the Testatrix Mrs. S. Pattammal is dated 03.12.1990 in the presence of two attesting witnesses namely Mr. Natesan and Mr. Lakshmanan. The deceased bequeathed the schedule mentioned property to and in favour of the petitioners herein and the Testatrix had cancelled her earlier Will dated 11.07.1982. As per the Will dated 03.12.1990, there is no executor. Since the above said two attesting witnesses passed away, the petitioners have filed a third party affidavit of Mrs. Kamala to prove the execution of the Will and signature of the deceased Mrs. S. Pattammal. The petitioners came to know about the Will dated 03.12.1990 executed by Mrs. S. Pattammal only on 09.01.2023 and therefore, the petitioners have now come forward with this petition. There is no other next of kin or other persons interested to be impleaded in the present petition. The amount of assets which are likely to come to the petitioners’ hands does not exceed in the aggregate the sum of Rs.50,00,000/-.

4. On the side of the petitioners, PW1 and PW2 were examined and Ex.P.1 to Ex.P.8 were marked. The 3^rd petitioner herein, was examined as PW1. She has deposed that she is the grand daughter of the deceased and she reiterated the petition averments and further stated that the deceased executed a Will dated 03.12.1990 in the presence of the attesting witnesses. She further stated that the said attesting witnesses are no more and therefore, a third party namely Mr. T. Sridhar, who is well acquainted about the execution of the Will by the Testatrix and about the attestation, is examined as PW2.

5. The registered Will dated 03.12.1990 is a 35 years old Will, which was executed by the deceased Mrs. S. Pattammal in the presence of two attesting witnesses. The original Will has been marked as Ex.P.1 by PW1. S