IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. V.Kanniah

S/o. Late C.Venkatesan,

No.93/37, T.H.Road,

Old Washermanpet, Chennai 600 021.

2. Malliga

D/o. Late C.Venkatesan,

W/o. Vengadesulu Naidu,

No.41, V.D.Palayam, Gudiyatham,

Viludonapaliam, Vellore 632 603.

3. T.Renuka

D/o. Late C.Venkatesan,

W/o. Thirumalaiah,

Old No.5/80, New No.10, 5th Main Road, K.K.D. Nagar, Kodungaiyur,

Chennai 600 118.

4. K.Sumathi

D/o. Late C.Venkatesan,

W/o. Kamalakannan,

No.58, KKR Nagar, 4th Avenue, Madhavaram, Chennai 600 060.

Petitioner(s)

Vs

1. Nageswari Balaraman

First wife of Late V.Balaraman,

No.38, 1st Street, Gurushanthi Nagar,

Kavangarai, Chennai.

2.R.Nalini

D/o. Late V.Balaraman, W/o. R.Ravi, No.38, 1st Street, Gurushanthi Nagar, Kavangarai, Chennai.

3.S.Kalpana D/o.Late V.Balaraman, W/o. V.Sasikumar, Respondents 1 to 3 are legal heirs of late V.Balaraman, No.38, 1st Street, Gurushanthi Nagar, Kavangarai, Chennai.

4.R.Suresh S/o. Late Rajeswari, No.3-72/1, Vellore Road, Ward No.27, Chittoor District, Andhra Pradesh.

5.R.Ramesh S/o. Late Rajeswari, No.3-72/1, Vellore Road, Ward No.27, Chittoor District, Andhra Pradesh.

6.R.Venkatesh Babu S/o. Late Rajeswari, No.3-72/1, Vellore Road, Ward No.27, Chittoor District, Andhra Pradesh.

(Respondents 4 to 6 are L.R's of late Rajeswari)

7.Saranraj.B.

S/o. Late V.Balaraman, No.8, Gajalakshmi Colony, Shenoy Nagar, Chennai 600 030.

8.Hari Krishnan S/o. Late V.Balaraman, No.8, Gajalakshmi Colony, Shenoy Nagar, Chennai 600 030.

(Respondents 7 and 8 are L.R's of 2nd wife of Late Vijayalakshmi)

Respondent(s)

PRAYER: Original Petition is filed under Section 232 & 276 of the Indian Succession Act & Order XXV Rule 5 of O.S. Rules, praying Letters of Administration with Certified copy of Will of the deceased C.Venkatesan to the petitioners herein are son and daughters as Legatee, under the Will of the said deceased C.Venkatesan having effect limited to the State of Tamil Nadu.

For Petitioners: Mr.Inamdar Ameenur Rahman Salam For Respondents: Ms.K.Priya for R1 to R8

ORDER

This Original Petition has been filed by the petitioners for grant of Letters of Administration with Certified copy of the Will of the deceased C.Venkatesan to the petitioners herein are son and daughters as Legatee, under the Will of the said deceased C.Venkatesan, having effect limited to the State of Tamil Nadu.

2. According to the petitioners, the deceased Venkatesan, who is the father of the first petitioner, one Balaraman and Rajeswari, during his life time had executed a Registered Will dated 18.10.2000. The said Venkatesan, died on 22.11.2010. The petitioners 1 to 4 are the sons and daughters of the said deceased Venkatesan. The respondents 1 to 3, 7 and 8 are the legal heirs of the said Balaraman, who is the son of the deceased Venkatesan. The respondents 4 and 5 are the legal heirs of deceased Rajeswari, who is the daughter of the deceased Venkatesan.

3. The deceased Venkatesan had purchased the property from one Mohamed Fazlur Rahman, through a registered Sale Deed on 15.07.1972. Later he executed a Will dated 18.10.2000. As per the Will, after the demise of said Venkatesan, his wife, namely Saraswathi has to enjoy the property with full power of alienation. In the Will, it is stated that, if his wife had not encumbered the property, then the property must devolve upon his own children. The said Saraswathi, without encumbering the property, died on 21.10.2020 and her elder son, Balaraman died on 23.10.2021 and her daughter, Rajeswari also died on 23.10.2001. Therefore, as per the Will, the legal heirs of Venkatesan are equally entitled to the property. Hence, the petitioners have filed the present petition for the grant of Letters of Administration of the Will.

4. After serving notice to the respondents, they appeared through counsel and they also filed consent affidavit, stating that they have no objection for grant of Letters of Administration in favour of the petitioners.

5. After filing the Original Petition, this