O.P.No.413 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.07.2025 CORAM THE HONOURABLE MR.JUSTICE K.KUMARESH BABU O.P.No.413 of 2024 Lakshmi Chandrasekaran …Petitioner vs. Balaji Jayaraman ...Respondent PRAYER: Original Petition filed under Sections 232, 255 and 276 of the Indian Succession Act read with order XXV Rule 5 of O.S.Rules, praying to grant letters of Administration in respect of the Will dated 04.05.2006 annexed to the petition as niece and legatee under the Will of the deceased Lakshminarayanan having effect limited to the State of Tamilnadu Limited in the assets mentioned in the affidavit. For Petitioner : Mr.V.R.Annagandhi For Respondents : Mr.R.Gunasekaran ORDER This Original Petition has been filed for issuance of the Letters of Administration in respect of the Will dated 04.05.2006 executed by late.Lakshminarayanan, who died on 13.09.2011. The petitioner and the respondent are the nephew and niece of the testator through his brother. The petitioner is the sister of the respondent. The subject property originally 1/6 https://www.mhc.tn.gov.in/judis O.P.No.413 of 2024 belonged to the wife of the testator and devolved to the testator after the demise of his wife. Both died issueless. The petitioner and the respondent are the beneficiaries under the Will. The testator gave life interest to the parents of the petitioner and the respondent and absolute right to the petitioner and the respondent. The parents of the petitioner and respondent died on 14.06.2012 and 06.01.2012. The testator did not appoint an executor under the Will. Hence, the petitioner seeks issuance of Letters of Administration in respect of the properties situated within the jurisdiction of this court. 2. The petitioner has examined herself as PW1. She has produced the death certificate of the Testator and his wife as Ex.P7 and Ex.P2. The original will and testament dated 04.05.2006 as Ex.P4. The legal heir certificate of the testator’s wife as Ex.P3. The death certificates of the parents of the petitioner and the respondent as Ex.P5 and Ex.P6. A perusal of Ex.P3, shows that the wife of the testator died leaving behind her husband who is the testator as her only surviving legal heir which indicates the testator has no issues. The paper publications were made and marked as Ex.P9 and Ex.P10. No objections were received from any person. 3. The power agent of the respondent has examined herself as RW1 and 2/6 https://www.mhc.tn.gov.in/judis O.P.No.413 of 2024 marked the General Power of Attorney and the consent affidavit as Ex.R1 and Ex.R2. The learned counsel for the respondent stated that the respondent has no objection to grant the letters of Administration in favour of the petitioner. He also submitted that being one of the beneficiaries to the Will, requested to grant letters of Administration in favour of the respondent with regard to the portion of the subject property bequeathed to her. He further undertaken to submit the security bond in respect of her portion. 4. The petitioner has examined Mr.Thanigai Mani, who is the second attesting witness to the said Will as PW2. He has spoken about the execution of the Will by the testator and its attestation by him and marked his affidavit as Ex.P11. 5. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner and respondent are entitled to the relief based on the submissions made by them. 6. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioner 3/6 https://www.mhc.tn.gov.in/judis O.P.No.413 of 2024 and the respondent, in respect of the Will dated 04.05.2006 of the testator late Lakshminarayanan. The petitioner and the respondent are directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each in the name of the Assistant Registrar (Original Side) of this Court in respect of the portions bequeathed to them, respectively. The petitioner and the respondent are further directed to file an inventory of assets and statement of accounts separately within a period of six months and one year, respectively. 09.07.2025 msv Index :Yes/No Petitioner's witness: P.W.1 – Lakshmi Chandrasekaran P.W.2- Thanigai Mani RW1- Sheeba Priscilla Hemalatha Documents exhibited by the petitioner: Exhibits Documents Ex.P1 Photocopy of the sale deed in the name of Radha dated 12.04.1991. Ex.P2 Computer generated copy of the death certificate of Late Radha who died on 03.06.2002. Ex.P3 Photocopy of the legal heir certificate of Late Radha issued on 21.10.2002. (Original is produced, compared and returned to the petitioner's counsel) Ex.P4 Original Will executed by Late Lakshminarayanan dated 04.05.2006. 4/6 https://www.mhc.tn.gov.in/judis O.P.No.413 of 2024 Ex.P5 Computer generated copy of the death certificate of Late Jayaraman who died on 14.06.2012. Ex.P6 Computer generated copy of the death certificate of Late Rukmani who died on 06.01.2012. Ex.P7 Computer generated copy of the death certificate of late Lakshminarayanan who died on 13.09.2011. Ex.P8 Affidavit of assets showing the net value of Rs.40,00,000/- Ex.P9 One issue of paper publication in Tamil Daily "Makkal Kural" dated 16.11.2024. Ex.P10 One issue of paper publication in English Daily "Trinity Mirror" dated 23.11.2024. Ex.P11 The affidavit of PW2 Ex.P12 Aadhar card of the 2nd attesting witness of PW2 (Compared with original). R1 Photocopy of the General Power of Attorney dated 18.03.2025 (Original is produced, compared and returned to the respondent's counsel) R2 Consent affidavit of Mr.Balaji Jayaraman, the respondent 09.07.2025 msv K.KUMARESH BABU, J. 5/6 https://www.mhc.tn.gov.in/judis O.P.No.413 of 2024 msv O.P.No.413 of 2024 09.07.2025 6/6 https://www.mhc.tn.gov.in/judis