IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. V.Hemavathi and 2 Others

W/o.Late N.R.Venkatavaradan,

2. V.Sundaram

S/o.Late N.R.Venkatavaradan, No.1 and

2 at No.22/3, Sreela Apartments,

Gilchrist Avenue, Harrington Road,

Chetpet, Chennai - 600 031.

3. Jayanthi Raghunath

D/o.Late N.R.Venkatavaradan,

No.7665, Quiet Meadow Ln, Frisco TX

75033, United States of America.

Petitioner(s)

Vs

1. T.K.Ramani and 6 Others

D/o.Late N.S.Ramanujachari, Door

No.55, Kalidasan Street, Revethipuram,

Urapakkam, Chengalpattu 603 210.

2.S.Chitra

W/o.Sridharan, D/o.Late

T.C.Choodamani, No.55B, Anaikatty

Street, Kanchipuram 631 501.

3.R.Sudha

W/o.Raveendran, D/o.Late

T.C.Choodamani, 33, G-4, Sathya Jyothi Flats, Venkataraman Street,

Balaiah Garden, Madippakkam,

Chennai - 600 091.

4.Ashokkumar S/o.Mr.Narayanan, S/o.Late T.C.Choodamani, 3/26-F6, Dhanalakshmi Apartment, South Park Street, Venkatapuram, Ambattur, Chennai - 600 053.

5.Anand T.C.

S/o.Mr.Narayanan, S/o.Late T.C.Choodamani, No.55B, Anaikatty Street, Kanchipuram - 631 501.

6.Janaki W/o.Late R.Raghunathan, No.5/65, 61st Street, A Type, SIDCO Nagar, Villivakkam, Chennai - 600 049.

7.Selvakumar S/o.Late R.Raghunathan, No.5/65, 61st Street, A Type, SIDCO Nagar, Villivakkam, Chennai - 600 049.

Respondent(s)

PRAYER : This Original Petition has been filed under 232 and 276 of the Indian Succession Act under Order XXV Rule 5 of Original Side Rules praying that the Letters of Administration with the Will annexed may be granted to petitioners' Daughter in law, grandchildren/legal heirs of beneficiary/legatees under the last Will and Testament of the deceased N.S.Ramanujachari dated 3-1-

2007, having effect throughout the State of Tamilnadu.

For Petitioner(s): M/s.M.Suresh Kumar For Respondent(s): M/s.D.Govindasamy [for R1 to R5]

R6 and R7 – 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 petitioners to the estates and credits of the deceased having effect throughout 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 to PW4 were examined and Ex.P.1 to Ex.P.14 were marked.

3. According to the petitioners, the testator Late Mr. N.S. Ramanujachari had two sons and two daughters namely Mr. N.R. Venkatavaradan, Mrs. T.C. Choodamani, Mrs. T.K. Ramani and Mr. R. Raghunathan. The elder son Mr. N.R. Venkatavaradan died on 13.03.2011 leaving behind the petitioners as his sole Class I legal heirs. The youngest son Mr. R. Raghunathan, died on 26.04.2023, leaving behind him the respondents 6 and 7 as his Class I legal heirs. The elder daughter Mrs. T.C. Choodamani died on 17.12.2023 leaving behind the respondents 2 to 5 as her Class I legal heirs. The husband of Mrs. T.C. Choodamani, predeceased her. Except the petitioners and the respondents herein, there are no other next of kin or interested persons to be impleaded. 3.1. The deceased, during his life time, had possessed properties in Chennai and also in Kanchipuram. The two flats in Villivakkam, Chennai described in the schedule herein as Item Nos.1 and 2 are concerned, the deceased Mr. N.S. Ramanujachari had bequeathed the item no.1 to his elder son Mr. N.R. Venkatavaradan and the 2^nd item was bequeathed in favour of his younger son, Mr. R. Raghunathan through Will dated 03.01.2007. The petitioners are in absolute possession and enjoyment of the property in the flat forming part of Item No.1 and the respondents 6 and 7 are in the absolute possession and enjoyment of the flat forming part of Item No.2. With regard to the properties in Kanchipuram, the daughters of the deceased have taken possession of