IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.01.2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL Chandrakanth B.Davey ..Petitioner Vs.

1. Latha G.Soni 2. Asha M.Bhatt 3. Hetal Pandya 4. Unnati Tiwari

5. Anish Kumar Thakar ..Respondents Prayer:

Original Petition filed under Sections 232 and 276 of the Indian Succession Act r/w Order XXV Rule 5 of O.S.Rules to grant Letters of Administration to the petitioner, as the beneficiary / grandson under the Will having limited effect within the State of Tamilnadu For Petitioner: Mr.Dilip Kumar for M/s Shah & Shah For Respondents: Mr.T.Vardhaman Jain for R3 R1, R2 and R4 – Served – No appearance

O R D E R

This petition has been filed under Sections 232 and 276 of the Indian Succession Act r/w Order XXV Rule 5 of O.S.Rules to grant Letters of Administration to the petitioner to the estates and credits of the deceased having effect through out the State of Tamil Nadu.

2. 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 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 petitioner, PW1 and PW2 were examined and Ex.P.1 to Ex.P.14 were marked.

3. According to the petitioner, a property comprised in No.44, (Old No.30) Raghunayakulu Street, Park Town, Chennai admeasuring to an extent of 2013 sq. ft. was originally belonged to one Chotalal Davey. The said Chotalal Davey died on 07.05.1976 and left his last Will and Testament dated 15.02.1973 and appointed his only adopted son Bhanuprasad Davey as the sole executor. The said Bhanuprasad Davey died on 11.12.2011 without having proved the said Will and the petitioner is the grand son of the deceased Chotalal Davey and son of Bhanuprasad Davey. The respondents 1 and 2 are the daughters of Bhanuprasad Davey and the respondents 3 to 5 are the legal heirs of one Lakshmi J.Thakar (deceased), who is the sister of the petitioner.

3.1. The deceased Chotalal Davey left behind his last registered Will and Testament dated 15.02.1973 in a sound and disposing state of mind and appointed his adopted son, Bhanuprasad Davey as the sole executor in the presence of one Bhagavatlal R.Davey, who accompanied Mr.Chotalal R.Davey to the Registration Office and he is one of the identifying witness. Further, attesting witnesses namely Mr. Ravishankar and Mr.Shantilal Davey are no more. Therefore, the petitioner has filed an Application No.6000 of 2025 to examine the said Bhagavatlal Davey with regard to due execution of the Will and the same was allowed by this Court vide order dated 18.12.2025. Consequently, the said Bhagavatlal Davey was examined as P.W.2 and he identified the signature of the testator and one of the attestors. The respondents 2 and 3 have filed their consent affidavits to grant Letters of Administration to the petitioner. The amount of assets which are likely to come into the petitioner's hand does not exceed aggregate sum of Rs.1,69,18,000/-. The deceased Chotalal R.Davey executed the registered Will dated 15.02.1973 in favour of his adopted son, Bhanuprasad Davey and the petitioner and the respondents are the legal heirs of Bhanuprasad Davey. Therefore, the petitioner prayed to grant letters of administration in his favour and respondents have given consent affidavits to grant Letters of Administration in favour of the petitioner.

4. The petitioner herein, was examined as PW1 and Mr.Bhagavatlal R.Davey, third party, who is the relative to Chotalal Davey was examined as P.W.2. A perusal of evidences of PW1 and P.W.2 and documents, viz., Ex.P.1 to Ex.P.14 revealed that the petitioner and the respondents are the legal heirs of the deceased and no any objection has been raised either by any of the respondents or any other party to grant letter of administration to the petitioner.

5. A registered Will dat