V.Shamala v. No Respondent

ORDER This Original Petition has been filed under Sections 232 and 276 of the Indian Succession Act, 1925, read with Order XXV Rule 5 of the Original Side Rules, seeking grant of Letters of Administration with Will annexed in respect of the last Will and testament dated 11.08.2015 executed by the deceased testator, V. Subbarayan.

¶2The petitioner is the wife of the deceased testator. According to the petitioner, the testator was ordinarily residing at Old Door No.18, New Door No.10, Present Door No.3/10, Corporation Colony, Seniyamman Kovil Street, II Street, Tondiarpet, Chennai – 600 081, and died on 24.04.2016. The burial ground report of death has been marked as Ex.P2.

¶3The petitioner states that the testator died issueless, that his mother had predeceased him, and that she is the only legal heir of the deceased. The legal heirship certificate has been marked as Ex.P3.

¶4The petitioner further states that the deceased executed a registered Will dated 11.08.2015, bequeathing the schedule mentioned property absolutely in her favour. Since no executor has been appointed under the Will, the petitioner has sought Letters of Administration with Will annexed.

¶5There is no respondent in this Original Petition. General paper publication was ordered. Publication was effected in one Tamil daily and one English daily. The learned Master has recorded that paper publication was effected, service was complete, and no objection was raised by any person.

¶6The petitioner examined herself as P.W.1. She marked Ex.P1 to Ex.P4. Ex.P1 is the original Will dated 11.08.2015. Ex.P2 is the burial ground report of death of the deceased. Ex.P3 is the legal heirship certificate. Ex.P4 is the name transfer report dated 17.02.2018.

¶7The attesting witness, R. Subashchandrabose, was examined as P.W.2. He has stated that he knew the testator for about 30 to 40 years. He has further stated that the testator executed Ex.P1 Will on 11.08.2015 in his presence and in the presence of the other attesting witness, Gnanasekar. P.W.2 has also stated that the testator was in a sound state of mind and good health at the time of execution of the Will, that the testator signed the Will in their presence, and that both attesting witnesses signed the Will at the request of the testator.

¶8The evidence of P.W.2 satisfies the requirement of proof of execution and attestation of the Will. There is no caveat or objection opposing the grant.

¶9The gross value of the estate is stated as Rs.17,90,240/- and the net value as Rs.17,80,240/-.

¶10The petitioner has undertaken to duly administer the estate and credits of the deceased, to pay the debts first, if any, and thereafter the legacies, to file a full and true inventory within six months from the date of grant, and to render true accounts within one year from the date of grant.

¶11On consideration of the pleadings, documents and evidence, this Court is satisfied that the Will dated 11.08.2015 executed by the deceased testator V. Subbarayan has been duly proved and that the petitioner, being the sole legal heir and beneficiary under the Will, is entitled to Letters of Administration with Will annexed.

¶12Accordingly, O.P.No.440 of 2025 is allowed. The Registry shall issue Letters of Administration accordingly, to have effect throughout the State of Tamil Nadu; The petitioner is directed to execute a security 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 petitioner shall file a full and true inventory of the estate within six months from the date of receipt of the Letters of Administration and shall render a true and proper account within one year thereafter. No order as to costs. 08-06-2026 Index: Yes/No Speaking/Non-speaking order AY List of witnesses examined on the side of the petitioner: PW1 – Mrs.V.Shamala PW2 – Mr.R.Subashchandrabose List of documents marked on the side of petitioner: Ex.P.1 is the original Will dated 11.08.2015 executed by Mrs.V.Shamala. Ex.P.2 is the original burial ground report of death of Mr.V.Subbarayan. Ex.P.3 is the original legal heirship certificate of Mr.V.Subbarayan. Ex.P.4 is the photocopy of the name transfer report dated 17.02.2018 (compared with the original) Ex.P.5 is the photocopy of my Aadhaar card (compared with the original)

08.06.2026 ay

DR.A.D.MARIA CLETE, J. AY OP No. 440 of 2025 08-06-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-06-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE OP No. 440 of 2025 V.Shamala W/o. Late V. Subbarayan, No.3/10, Corporation Colony, Seniyamman Kovil Street, 2nd Street, Tondiarpet, Chennai - 600081. ..Petitioner(s) Vs No respondent Nil ..Respondent(s) to grant of Letters of Administration with the Will annexed, may be granted to her as the wife of the said deceased, having effect throughout State of Tamil Nadu. Gross amount of Rs.17,90,240/- and Net Amount of Rs.17,80,240/- Suc.duty of Rs.25,000/- paid on 01.12.2025 by e-C/F D.No.45511/2025. For Petitioner(s): N.Subbarayalu G.R.Ramasamy Gnanadurai For Respondent(s): nil