IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-01-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL G.Prethiveraj S/o.Late V.Gajendiran, No.10/20, Karpagakanni Amman Koil, 4th Lane, Triplicane, Chennai 600 005.

..Petitioner(s)

Vs G.Thulasi Devi W/o. S.Gubendran, No.80/1, Thirumalai Nagar Annex, 4th Cross Street, Perugudi, Chennai 600 096.

..Respondent(s)

PRAYER: The Original Petition has been filed under Section 232 and 276 of the Indian Succession Act and Order XXV Rule 5 of Original Side Rules praying to Grant a Letters of Administration with Will annexed dated 30.10.2008, to the petitioner who is the Grand Son of the Testator and Beneficiary under the Will of deceased N.Viswanathan having effect limited to the State of Tamil Nadu.

For Petitioner(s): M/s.K.Manikandan For Respondent(s): Sole Respondent - G.Thulasi Devi Succession Duty Paid AOS Filed Dno: 44999,dt: 26/11/2025

ORDER

This petition has been filed under Section 232 and 276 of the Indian Succession Act to grant Letters of Administration to the petitioner in respect of the Will dated 30.10.2008.

2. According to the petitioner, Viswanathan, Son of P.Natesan is the owner of the property mentioned in the petition. The parents of the deceased Viswanathan predeceased him. The said Viswanathan died on 08.08.2010. His wife namely V.Rajammal also died on 23.12.2011. During the lifetime of the said Viswanathan, he executed a Will dated 30.10.2008. After the demise of Viswanathan, the Will came into effect. As per the Will, life interest was given to the wife of Viswanathan namely Rajammal and thereafter, the property has to go to her daughter Thulasi Devi on condition that she has to lookafter, manage and administer the property as Guardian of his grandson G.Prethiveraj, the petitioner herein and deliver the title, enjoyment and possession to him after completion of 21 years. After completion of 21 years, the petitioner can enjoy the property absolutely as his absolute property with power of alienation. The petitioner included all the next of kin of the deceased Viswanathan. Therefore, filed this original petition for grant of Letter of Administration.

3. 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. Paper publication was also effected and there is no 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.P.15 were marked.

4. The petitioner herein, was examined as PW1. PW2, Mr.S.Gubendran, is one of the attesting witnesses in the Will dated 30.10.2008.

5. A perusal of evidences of PW1 and PW2 and Ex.P.1 to Ex.P.15 revealed that the property belonged to the Testator Viswanathan and he executed a Will dated 30.10.2008 and he died on 08.08.2010 and the said Will has been proved through attesting witness PW2 and the respondent has also no objection to grant Letters of Administration in favour of the petitioner. The respondent is none other than the sister of the petitioner. She has no objection to grant Letters of Administration. Therefore, the petitioner is entitled to the relief as prayed for in the petition.

6. Accordingly, this Original Petition is allowed and Letters of Administration, to the estates and credits of the deceased N.Viswanathan in favour of the petitioner, is granted.

7. Issue Letters of Administration in favour of the petitioner. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioner is also directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of the Assistant Registrar (O.S.II), High Court, Madras. The petitioner is further directed to render true and correct accounts once in a year.

28-01-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MTL APPENDIX:

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