P.Mohana and 2 Others v. M.Girija and 3 Others

Order This Original Petition has been filed seeking grant of Letters of Administration with the Will annexed in respect of the last Will and Testament dated 20.12.2020 executed by late R. Mannappan.

¶2The petitioners state that R. Mannappan died on 11.03.2021 at Chennai. His wife, P. Ramanibai, had predeceased him on 08.01.2018 and the deceased had no children. Since no executor was appointed under the Will, the Page3 of 8 petitioners, claiming to be the beneficiaries/legatees thereunder, have sought the present grant.

¶3The estate covered under the Will is the property, measuring a total extent of 540 sq.ft., consists of a residential building comprising the ground floor and three upper floors.Under the Will, the ground floor was bequeathed to the first respondent, M. Girija, for her lifetime and thereafter absolutely to the third petitioner, Samruth Beevi. The first floor was bequeathed to the first petitioner, P. Mohana, for her lifetime and thereafter absolutely to the second petitioner, S. Dhanalakshmi. The second floor was bequeathed to the second respondent, V. Vijaya, for her lifetime and thereafter absolutely to the second petitioner. The third floor was bequeathed absolutely to the third petitioner.

¶4The gross and net value of the estate has been stated as Rs.46,00,000/-. The petitioners have undertaken to duly administer the estate and to file the inventory and accounts within the prescribed period.

¶5The Original Petition was earlier dismissed for default on 02.11.2023. The Original Petition was thereafter restored to file by order dated 28.06.2024. Page4 of 8

¶6As respondents 1, 2 and 4 could not be served in the ordinary course, substituted service was ordered in A.No.1411 of 2025 and paper publication was effected on 16.04.2025 .Insofar as the third respondent, P. Patturoja, is concerned, the petitioners filed a memo stating that she died on 16.01.2022 and that her legal heirs, namely, the first petitioner and the first respondent, were already on record. The said memo was recorded by order dated 25.09.2025, and the names of respondents 1, 2 and 4 were directed to be printed pursuant to the order dated 25.09.2025.

¶7General Paper publications were effected in the English daily "Trinity Mirror" dated 06.12.2025 and the Tamil daily "Makkal Kural" dated

13.12.2025. Despite publication, none appeared to oppose the petition. No caveat or objection has been received.

¶8The first petitioner, P. Mohana, examined herself as P.W.1 and reiterated the averments contained in the petition. She marked Exs.P1 to P13. Exs.P1 and P2 are the original release deed dated 08.04.1985 and sale deed dated 26.04.1990 relating to the estate. Exs.P3 and P6 are the death certificates of P. Ramanibai and R. Mannappan respectively. Ex.P4 is the legal heirship certificate of P. Ramanibai and Ex.P5 is the original Will dated 20.12.2020. Page5 of 8

¶9The two attesting witnesses to the Will were examined as P.Ws.2 and

¶3P.W.2, K. Vasu, deposed that the testator executed Ex.P5 Will in his presence and in the presence of P.W.3, V. Vishwa, while in a sound and disposing state of mind, and that both the witnesses attested the Will at the request and in the presence of the testator. P.W.3, V. Vishwa, corroborated the said evidence and confirmed that the testator signed the Will in the presence of both the attesting witnesses, who thereafter signed the same in the presence of the testator.The evidence of P.Ws.2 and 3 is clear and consistent and establishes the due execution and attestation of Ex.P5 Will.

¶10On consideration of the oral and documentary evidence, this Court is satisfied that Ex.P5 is the last Will and Testament of late R. Mannappan and that it was executed by him while he was in a sound and disposing state of mind. As no executor was appointed under the Will, the petitioners, being the beneficiaries/legatees thereunder, are entitled to Letters of Administration with the Will annexed.

¶11Accordingly, this Original Petition is allowed. Letters of Administration with the Will annexed shall be granted jointly in favour of the petitioners in respect of the Will dated 20.12.2020 executed by late R. Page6 of 8 Mannappan, having effect throughout the State of Tamil Nadu. The petitioners shall each execute an administration bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), in the name of the Assistant Registrar (Original Side) of this Court. The petitioners shall file a full and true inventory of the estate and credits of the deceased within six months from the date of grant and shall render true and proper accounts within one year from the date of grant.

¶12There shall be no order as to costs. Consequently, connected applications, if any, are closed. 24-07-2026 Index: Yes/No Speaking/Non-speaking order JRS Page7 of 8 Petitioner's witness: P.W.1 – P.Mohana P.W.2 – K.Vasu P.W.3 – V.Vishwa Documents exhibited by the petitioner: Exhibits Documents Ex.P1 the original release deed Will dated 08.04.1985 Ex.P2 the Original sale deed dated 26.04.1990 executed by Mrs.Patturoja in favour of Mr.R.Mannappan. Ex.P3 the computer generated death certificate of Mrs. P.Ramanibai Ex.P4 the Original legal-heirship certificate dated 26.03. 2018 in respect of Mrs.P.Ramanibai. Ex.P5 the Original Will dated 202.12.2020 executed by Mr. Mannappan. Ex.P6 the computer generated death certificate of Mr.r.Mannappan. Ex.P7 the photocopy of Mrs. P.Mohana Aadhar card. (compared with the original) Ex.P8 the photocopy of the Aadhar card Mrs.Dhanalakshmi (compared with the original) Ex.P9 the photocopy of the Aadhar coard Ms.J.Samruth beevi (compared with the original) Ex.P10 the affidavit of assets showing the net value of the estate of Rs.46,00,000/- Ex.P11 the certificate under Section 63(4)(c) of BSA for electronic documents. Ex.P12 the copy of paper publication effected in one issue of English daily, "Trinity Mirror"dated 06.12.2025. Ex.P13 the copy of paper publication effected in one issue of Tamil Daily "Makkal Kural"dated 13.12.2025. 24-07-2026 jrs OPoNo.o373oofo2022 DR.A.D.MARIAoCLETEoJ. JRS OPoNo.o373oofo2022 24-07-2026 Page8oofo8

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE 1. P.Mohana and 2 Others W/o.Subramanyan, D/o.T.M.Poruran, No.1, Guruvappa Garden, Old Washermenpet, Chennai - 600 021. 2. S.Dhanalakshmi D/o.Subramanyan, Represented by Power Agent Mr.Subramanian, No.1, Guruvappa Garden, Old Washermenpet, Chennai - 600 021. 3. Samruth Beevi D/o.Jafffer, 176, 3rd Cross Street, Sakthi Ganapathi Nagar, Thiruvottiyur, Chennai - 600 019. ..Petitioner(s) Vs 1. M.Girija and 3 Others W/o.Mohammed, No.70, Thalayari Street, Alathur, Thiruporur, Kancheepuram - 603 110. 2. V.Vijaya W/o.Veeramani, No.46, Mettu Street, Kundrathur, Chennai - 600 069. 3. P.Patturoja W/o.Poruran, No.1/47, Main Road, Ennangudi Post, Puttagaram, Nagapattinam - 609 701. Page2 of 8 4. Navaneethammal W/o.R.M.Raji Mudalior, No.70, Thengoor Selva Vinayagar Koil Street, Mylapore, Chennai - 600 004. ..Respondent(s) That Letters of Administration with Will annexed to the Properties and Credits of R.Mannappan may be granted to them as the Beneficiaries/Legatees under the Will of the said deceased having effect throughout the State of Tamil Nadu Gross Amount Rs.46,00,000/- and Net Amount Rs.46,00,000/- Suc.duty of Rs.25,000/- paid on 15.11.2022 by C/F D.No.32678/2022. For Petitioners: M/s.Vijayakumari Natarajan R.Krishnamurthy For Respondent(s): RR1, 2 & 4 – No appearance. R3-court Notice-return/unserved-(deceased)