Bhuvaneswari C And 2 Others v. R.Krishnaveni And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Bhuvaneswari C 2.Leelavathi Chandrasekaran 3.Divya Chandrasekaran
...Petitioners
vs.
1.R.Krishnaveni 2.R.Jayakumar
...Respondents
PRAYER: Original Petition filed under Section 232 and 276 of the Indian Succession Act, read with Order XXV, Rule 5 of the Original Side Rules praying to grant Letters of Administration with the Will annexed to the petitioners as daughter-in-law and grand children/ beneficiaries under the Will of the deceased R.Lakshmikantham, to have effect throughout the State of Tamil Nadu. For Petitioners : Mr.R.Thiagarajan For Respondents : Mr.B.Kesavan ---- 1/7
ORDER
This Original Petition has been filed for issuance of the Letters of Administration in respect of the Will dated 25.03.1996 executed by Mrs.R.Lakshmikantham, who died on 11.03.2002. The testatrix had appointed her elder son Mr.R.Chandrasekaran as the executor of the above said Will but he died without proving the Will.
2. The petitioners submit that the testatrix got married to one Mr.C.N.Ramamurthy, who predeceased her on 18.11.1991, the couple was blessed with the respondents 1 and 2 along with one Mr.R.Chandrasekaran as the children in the duration of their marriage. The said Mr.R.Chandrasekaran died on 27.05.2005 leaving behind the petitioners 1 to 3 as his sole legal heirs, thereby the 1st petitioner is the daughter-in-law and the 2 and 3 petitioners are the grandchildren of the testatrix through her son Late.Mr.Chandrasekaran. The petitioners submits that the testatrix is the absolute owner of the immovable property mentioned schedule of the petition and acquired the same through the Sale Deed dated 04.12.1995 registered as Document No.4951/1995. The petitioners further submit that the before her death the testatrix had executed a Will on 25.03.1996, through which she had bequeathed the aforesaid immovable property in favour of her son Late.Mr.R.Chandrasekaran and his wife, the 1st 2/7
petitioner herein. Therefore the petitioners as the beneficiary and as the legal heirs of the deceased beneficiary Late.Mr.R.Chandrasekaran seek issuance of Letters of Administration in respect of the property situated within the jurisdiction of this court.
3. The first petitioner has examined herself as PW1, she had produced 15 documents to support her deposition which are marked as Ex.P1 to Ex.P15 at the foot of the order. The original Will executed by the testatrix has been marked as Ex.P1. As the evidence of the title held by the testatrix the original Sale Deed dated 04.12.1995 has been marked as Ex.P2. The original death certificate of the testatrix, Late.Mrs.R.Lakshmikantham has been marked as Ex.P3. The original death certificates of the husband of the testatrix, Late. Mr.C.N.Ramamurthy and the deceased son of the testatrix Late.Mr.R.Chandrasekaran has been marked as Ex.P4 and Ex.P6 respectively. The original legal heir certificate of Late.Mr.R.Chandrasekaran has been marked as Ex.P7. The affidavit of assets has been marked as Ex.P13. From a detailed examination of the Ex.
P1 it can be substantiated that the 1st petitioner and her husband Late.Mr.R.Chandrasekaran are the beneficiaries named in the Will executed by the testatrix. The perusal of Ex.P7 establishes that the petitioners 1 to 3 are the sole legal heirs of Late.Mr.R.
beneficiaries named in the Will. The general paper publications has been effected which are marked as Ex.P12 and Ex.P15 and no objections had been received for the same.
4. The petitioner has examined Mr.R.Jayakumar, the 2nd respondent herein and also the first attesting witness to the said Will as PW2. He has spoken about the execution of the Will and its attestation by him and he has filed his affidavit.
5. The respondents 1 and 2 have expressed their consent to grant the letters of administration in favour of the petitioners and their respective consent affidavits have been filed. The learned counsels for the respondents 1 and 2 would reiterate the respective consent affidavits
6. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the relief
7. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioners, in respect of the Will dated 25.03.1996 of the testatrix Late.Mrs.R.Lakshmikantham. The petitioners are directed to execute a security bond for a sum of Rs.25,000/- 4/7
(Rupees Twenty Five Thousand Only) in the name of the Assistant Registrar (Original Side) of this Court. The petitioners are further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively.
05.08.2025 dsa Index :Yes/No Petitioner's witness:
P.W.1 - Mrs.Bhuvaneswari.C P.W.2 - Mr.R.Jayakumar Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Original Will executed by deceased R.Lakshmikantham on 25.03.1996 Ex.P2 Original Sale Deed dated 04.12.1995 registered as Doc.No.4951/1995 Ex.P3 Original Death Certificate of R.Lakshmikantham issued on 12.04.2002.
Ex.P4 Original Death Certificate of C.N.Ramamurthi issued on 05.12.1991.
Ex.P5 Original legal heir certificate of C.N.Ramamurhti issued on 05.12.1991.
Ex.P6 Original death certificate of R.Chandrasekaran issued on 08.06.2005.
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Ex.P7 Original legal heir certificate of R.Chandrasekaran issued on 26.11.2014.
Ex.P8 Original water and sewerage board tax card of R.Lakshmikantham Ex.P9 Original property tax demand card of R.Lakshmikantham Ex.P10 Photocopy of the 1st petitioner's, Bhuvaneswari Aadhar Card. (Compared with original) Ex.P11 Photocopy of the 2nd petitioner's, Leelavathi Aadhar Card. Ex.P12 Photocopy of the 3rd petitioner's, Divya Chandrasekaran Aadhar Card. (Compared with original) Ex.P13 Affidavit of assets Ex.P14 One issue of paper publication in Tamil Daily "Dhina Kural" dated 15.05.2025.
Ex.P15 One issue of paper publication in English Daily "Southernmail" dated 22.05.2025.
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K.KUMARESH BABU, J.
dsa 05.08.2025 7/7