IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-01-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL Chandra W/o.Late Raja Naicker, Old No.8, New No.2, Jayammal Street, Shenoy Nagar, Chennai - 600 030.

..Petitioner(s)

Vs Saroja W/o.Late Chittibabu Naicker, Kazhanipakkam Village, Thirukalukunram (Via), Oragadam Post, Chengalpet District -

Pincode - 603109.

..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 Letters of Administration with the Will annexed to the petitioner as Daughter/Beneficiary under the Will of the deceased to have effect throughout the State of Tamil Nadu.

For Petitioner(s): G.Krishna Kumar

ORDER

This petition has been filed under Section 232 and 276 of the Indian Succession Act to grant Letters of Administration to the petitioner to the estates and credits of the deceased having effect limited to 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 issues 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.P20 were marked.

3. According to the petitioner, she and the respondent are the elder and the younger daughters of one Mrs. S. Muniammal respectively. The said Mrs. S. Muniammal died on 31.08.2002 leaving behind her daughters and during her life time, she possessed the schedule mentioned property within the jurisdiction of this Court. The deceased Mrs. S. Muniammal had executed her last Will and Testament dated 30.06.1992 in the presence of the attesting witnesses namely 1) Late Mr. Seshappa Naicker, the husband of the deceased, 2) one Late K.T. Chittibabu, who is the husband of the younger daughter Saroja, the respondent herein, 3) Mrs. Saroja, the respondent herein and 4) Mr. Ramakrishna Mudaliar, the neighbour of the deceased Mrs. S. Muniammal. The above said execution of Will was personally witnessed by the petitioner’s elder son namely Mr. Mohana Sundaram, the grandson of the Testatrix / deceased Mrs. S. Muniammal. There is no executor appointed as per the said Will. The husband of the deceased Mrs. S. Muniammal predeceased her on 08.02.1996. The petitioner is the only absolute and beneficiary of the Will in respect of the schedule mentioned property.

4. The amount of assets which are likely to come into the hands of the petitioner is approximately Rs.1,35,08,000/-. Except the petitioner and the respondents, there is no other next of kin to the deceased. As three attesting witnesses were reported dead, one Mr. Mohana Sundaram, elder son of the petitioner herein, has been examined as PW2 and he has filed an affidavit to that effect.

5. PW1 and PW2 were examined and Ex.P.1 to Ex.P.20 were marked.

PW1 has reiterated the petition averments and further stated that the deceased executed a Will dated 30.06.1992 in the presence of the attesting witnesses.

6. The Will dated 30.06.1992 is more than 30 years old Will, which was executed by the deceased Mrs. S. Muniammal in the presence of the attesting witnesses. The original Will has been marked as Ex.P.1 by PW1. Since the Will is a 34 years old document and it has been produced from proper custody, a presumption under Section 90 of Indian Evidence Act is available. At this juncture, it is relevant to rely upon a judgment of Hon'ble Supreme Court in Marathal (died) and another vs. Kanniammal (died) and others reported in 2024 SCC Online Mad 5153 wherein it has been held that "....insofar as the "Will" is concerned, if attesting witnesses are available, then they should be examined in terms of Section 68 of Evidence Act, if the witness is not available, then route under Sections 69 to 71 is available to the profounder, if th