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OP No. 200 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-01-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

OP No. 200 of 2025

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.

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OP No. 200 of 2025

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

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OP No. 200 of 2025

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.

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OP No. 200 of 2025

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 d