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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 31.07.2026 CORAM THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH CMA No.2969 of 2025 B.S.Nalini
..Appellant .vs. NIL
..Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 299 of Indian Succession Act, against the order dated 11.03.2025 in O.P.No.139 of 2024 passed by the learned Principal District Judge, Chengalpattu. For Appellant : Mr.D.Rajendran JUDGMENT This appeal has been filed under Section 299 of the Indian Succession Act, 1925, against the order dated 11.03.2025, passed in O.P.No.139 of 2024 by the Principal District Judge, Chengalpattu. 2.Heard the learned counsel for the appellant, carefully perused the materials available on record, and also carefully went through the order passed by the Court below. 1/4 https://www.mhc.tn.gov.in/judis
3.The case of the appellant is that one R.Renuka Devi was the owner of the scheduled property under a Registered Sale Deed dated 30.07.1973 and she was in possession and enjoyment of the property. She executed a Will dated 28.03.1986 bequeathing the schedule property in favour of the appellant. The deceased died on 11.07.2000 and the appellant filed O.P.No.139 of 2024 to obtain Letters of Administration. 4.The Court below after considering the evidence of PW1 to PW3 and Exs.P1 to P12 which were marked through these witnesses, passed an order dated 11.03.2025, granting Letters of Administration to the appellant. But however, restricted the right of alienation of the property by the appellant. Aggrieved by this portion of the order passed by the Court below, the present appeal has been filed before this Court. 5.In the considered view of this Court, the appellant is the beneficiary under the Will and the appellant had also undertaken to submitted an inventory and account under Section 317 of the Indian Succession Act, 1925. In view of the same, after having given the Letters of Administration in favour of the appellant, no useful purpose will be served in preventing the appellant from dealing with the property as a successor to the property by virtue of the Will. 2/4 https://www.mhc.tn.gov.in/judis
6.The Court below has not even assigned any reasons as to why the appellant was prevented from dealing with the property. 7.In the light of the above discussion, the order passed by the Court below restricting the right of the appellant to deal with the property is hereby set aside.
The Letters of Administration is granted with the power of alienation subject to the condition that the appellant will submit an inventory and account before the Court below as and when the subject property is dealt with. 8.In the result, this Civil Miscellaneous Appeal stands allowed in the above terms. No Costs. 31.07.2026 Index : Yes/No Speaking Order/Non-Speaking Order Neutral citation : Yes/No ssr 3/4 https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH., J ssr To The Principal District Judge, Chengalpattu. CMA No.2969 of 2025 31.07.2026 4/4 https://www.mhc.tn.gov.in/judis