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2026 Supreme(Online)(Mad) 21271

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice P. DHANABAL
Uma Hariharan – Appellant
Versus
T.R. Arjun and 3 others – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-02-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL Uma Hariharan W/o. Rajiv Eswaran, No.A 409, Barcelona Block, XS Real Catalunya City, Siruseri, Chennai 603 103.

..Petitioner(s)

Vs

1.T.R. Arjun S/o. T.R.Ramier, SF1, Block 2 Nellai Monor Appartments, 2nd Cross Street, Ram Nagar North Extension, Velachery Chennai.

2.T.R.Sriram S/o. T.R.Ramier, 4, Kambar St, Anna Nagar, Tharamani, Chennai 600 113.

3.Rajeshwari Ganapathy Rajan S/o. T.R.Ramier, SF1, Block 2 Nallai Manor Apartments, 2nd Cross Street, Ram Nagar North Extension, Velachery Chennai.

4.T.R.Narayanaswamy S/o. T.R.Ramier, No.31A Kambar Street, Thandai Periyar Nagar, Taramani, Chennai 600 113.

..Respondent(s)

PRAYER: The Original Petition has been filed under Section 232 and 276 of the Indian Succession Act read with Order XXV Rule 5 of Original Side Rules praying that the letters of Administration with the Will annexed may be granted to her as the niece beneficiary under the Will of the Late Sarada having effect limited to the State of Tamil Nadu.

For Petitioner(s): M/s. Sangeetha Rajkumar For Respondent(s): Served – 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 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.P14 were marked.

3. According to the petitioner, she is the niece of one Sarada, who died on 10.06.2021 leaving her properties mentioned in schedule. The Last Will and Testament executed by the said Sarada was on 25.07.2018 in the presence of two attesting witnesses K. Shankar Kumar and Balaramakrishnan, bequeathing her schedule mentioned properties and gold ornaments in the locker of the bank, cash, National Savings Certificate, Public Provident Fund, shares in various companies, cash in hand and with Canara Bank – Habibullah Road Branch, Chennai Savings Bank A/c No.1283101004121, State Bank of India –

Specialised PB Branch, Anna Nagar, Savings Bank A/c No.10000535601 and Axis Bank – Virugambakkam Branch, Savings Bank A/c. No.914010012698317. The said Will dated 25.07.2018 is an unregistered Will. As per the said Will, no executor was appointed by the Testatrix. The two attesting witnesses died on 01.05.2024 and 26.04.2020 respectively. The Testatrix Sarada and her husband Mr. T.R. Dathathreyan had no issues. The respondents are the brothers and sister of the husband of the Testatrix. The husband of Testatrix Sarada predeceased her on 14.08.2014. The Will was found and came to the knowledge of the petitioner only on 15.10.2024. The amount of assets which are likely to come to the petitioner hands does not exceed and aggregate a sum of Rs.39 lakhs. There is no other next of kin or other interested persons to be impleaded in this petition.

4. In order to prove the case of the petitioner, PW1 and PW2 were examined and Ex.P.1 to Ex.P.14 were marked. PW1, the petitioner herein, has reiterated the petition averments and further stated that the deceased executed a Will dated 25.07.2008 in the presence of the attesting witnesses namely Bala Ramakrishnan and K. Shankar Kumar. The said attesting witnesses died and therefore, one Rajiv Eswaran, has been examined as PW2 and a third party affidavit has been filed to that effect.

5. The Will dated 25.07.2008 is a 18 years old unregistered Will, which was executed by the deceased Mrs. Sarada in the presence of two attesting witnesses. The said attesting witnesses are reported dead. The original Will has been marked as Ex.P.1 by PW

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