The court affirmed that a validly executed will, unopposed by other heirs, establishes rightful claim to the deceased's estate under the Indian Succession Act.

Headnote:(A) Indian Succession Act - Sections 232 and 276 - Petition for Letters of Administration - Petitioner claimed as beneficiary under the Will of deceased limited to Tamil Nadu - Evidence presented showed no objections from other parties - Will was validly executed before witnesses, establishing the petitioner's entitlement. (Paras 1, 3, 5, and 6)

(B) Legal heirship - Testatrix died intestate leaving behind only legal heir, who executed a valid Will bequeathing property to petitioner, confirming petitioner’s claim over estate. (Paras 3 and 5)

Facts of the case:
Petition filed for Letters of Administration limited to Tamil Nadu, concerning the estate of deceased Testatrix S. Vijayalakshmi, who executively bequeathed her assets to the petitioner, the husband’s nephew, without objections from any other interested parties.

Findings of Court:
The court found that the petitioner established a valid Will executed in sound mind and health, awarding the Letters of Administration as requested.

Issues: Whether the petitioner is the rightful heir based on the executed Will and absence of objections from other heirs.

Ratio Decidendi: The court determined that the Will's execution and its validity were sufficiently proven without opposition, establishing the petitioner's right to the estate.

Result: Original Petition allowed, Letters of Administration granted.

Table of Content
1. letters of administration sought under indian succession act (Para 1 , 2 , 3 , 4)
2. court's observations support will execution proof (Para 5)
3. petitioner entitled to relief based on evidence (Para 6)
4. administration letters granted in favor of petitioner (Para 7)

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.P10 were marked.

3. According to the petitioner, one N. Gopalarathinam, during his life time, purchased the schedule mentioned property through Sale Deed dated 17.08.1992. The said N. Gopalarathinam, is the brother of petitioner’s father and he died intestate on 18.06.1995 leaving behind his wife S. Vijayalakshmi as his sole legal heir. The said N. Gopalarathinam and S. Vijayalakshmi were issueless. The parents of the said N. Gopalarathinam predeceased him. The petitioner’s father is the only brother of said N. Gopalarathinam. After the demise of said N. Gopalarathinam, Mrs. S. Vijayalakshmi was the sole legal heir to succeed his estate and she died on 02.03.2022. The said S. Vijayalakshmi, during her life time, executed a Will dated 05.09.2001 in the presence of two witnesses N. Ranagarajan S/o. Ramadas and Amaraprabhu S/o. N. Rangarajan bequeathing the schedule property in favour of the petitioner herein. As per the said Will, no executor was appointed by the Testatrix. The amount of assets which are likely to come to the petitioner hands does not exceed and aggregate a sum of Rs.4 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.10 were marked. PW1, the petitioner herein, has reiterated the petition averments and further stated that the deceased executed a Will dated 05.09.2001 in the presence of the attesting witnesses.

5. One of the attesting witnesses namely Amaraprabhu Rangarajan has been examined as PW2 and he has deposed that he knows the Testatrix as she was his paternal aunt, that she has executed the Ex.P.2 Will on 05.09.2001 in his presence and the presence of his father Rangarajan, who is no more, that the signatures found in Ex.P.2 are that of Mrs. S. Vijayalakshmi, that he has signed in the Will in the presence of Testatrix and she has affixed her signature in the presence of PW2 and she was in a sound state of mind and in good health at the time of execution of Ex.P.2 Will. A perusal of evidences of PW1 and PW2 and Ex.P.1 to Ex.P.10 revealed that the Testatrix has executed a Will bequeathing her property in favour of the petitioner and he is the only legal heir to succeed the estate of the Testatrix and no any objection has been raised by any other party to grant letter of administration to the petitioner. Therefore, the petitioner, through the evidences and documents, has amply proved the execution of Will.

Therefore, the petitioner is entitled to the relief as prayed for in the petition.

6. Therefore, this Original Petition is allowed and Letter of Administration, to the estates and credits of the deceased Mrs. S. Vijayalakshmi 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

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2026 Supreme(Online)(Mad) 21403

IN THE HIGH COURT OF JUDICATURE AT MADRASP. DHANABAL, JN.Suresh – AppellantVersusNo Respondent – RespondentOriginal Petition

The court affirmed that a validly executed will, unopposed by other heirs, establishes rightful claim to the deceased's estate under the Indian Succession Act.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. DHANABAL, J
N.Suresh – Appellant
Versus
No Respondent – Respondent
Original Petition