S.Rajini And Another v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.09.2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL OP No.184 of 2025 1.Dr.S.Rajini W/o.Mr.Sathish Kumar 2.Mrs.Meera Gayathri W/o.Mr.Mahesh Subramaniam
...Petitioners
Vs.
Nil
...Respondent
Prayer : Original Petition has been filed under Sections 232 and 276 of the Indian Succession Act (Act XXXIX of 1925) and under Order XXV Rule 5 of the Original Side Rules praying to grant Letters of Administration with the Will annexed to the petitioners as the niece/beneficiary under the Will of the deceased Mrs.Rama Srinivasan to have effect throughout the State of Tamil Nadu.
For Petitioner(s) :
M/s.Hemamalini For Respondent(s) :
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ORDER
This original petition is filed under Sections 232 and 276 of the Indian Succession Act (Act XXXIX of 1925) and under Order XXV Rule 5 of the Original Side Rules, praying to grant Letters of Administration with the Will annexed in the petition in favour of the petitioners as the niece/beneficiary under the Will of the deceased Mrs.Rama Srinivasan, having effect limited to the State of Tamil Nadu.
2. According to the petitioners, the deceased/testatrix, namely, Mrs.K.Rama Srinivasan, W/o.Late Dr.B.Srinivasan, is the paternal aunt of the petitioners. The testatrix, Mrs.K.Rama Srinivasan, W/o.Late Dr.B.Srinivasan, had executed a registered Will dated 09.07.2008 in favour of the petitioners/daughters of the testatrix's husband's brother. The testatrix has no children. Therefore, she executed a Will in favour of the petitioners. The said testatrix died on 19.09.2024. After the demise of the testatrix, the Will dated 09.07.2008 came into effect. Therefore, the petitioners filed this petition to grant letters of Administration in their favour. There are no respondents in this petition.
3. After the filing of this petition, this Court directed the petitioners to Page No.2 of 7
take public notice by way of paper publication and the same was also effected and thereafter no objection was received from any party. Thereafter, the case was posted for recording evidence and the evidence also was recorded. On the side of the petitioners, they examined P.W.1 to P.W.3 and marked Exs.P1 to P8.
4. This Court perused the entire evidence and the documents.
5. P.W.1 is one of the petitioners and she deposed about the Will dated 09.07.2008. P.W.2 and P.W.3 are the attesting witnesses of the Will dated 09.07.2008 and they deposed about the execution and attestation of the Will dated 09.07.2008. Therefore, the execution and the attestation of the Will dated 09.07.2008 are duly proved in accordance with law. The evidence of witnesses clearly established that the deceased/testatrix died on 19.09.2024. During the lifetime of the testatrix, Mrs.K.Rama Srinivasan, W/o.Late Dr.B.Srinivasan, she executed a Will dated 09.07.2008 in respect of the properties in favour of the petitioners. According to the Will dated 09.07.2008, the petitioners are the beneficiaries. Therefore, the petitioners have proved the Will dated 09.07.2008 in the manner known to law, and Page No.3 of 7
they are entitled to the relief as prayed for in this petition.
6. Therefore, this Original Petition is allowed and Letters of Administration in respect of the Will and Testament dated 09.07.2008, executed by the deceased/testatrix, namely, Mrs.K.Rama Srinivasan, W/o.Late Dr.B.Srinivasan, in favour of the petitioners, is granted.
7. Issue Letters of Administration in favour of the petitioners. The petitioners are directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioners are also directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each in favour of the Assistant Registrar (O.S.No.II), High Court of Madras. The petitioners are further directed to render true and correct accounts once a year. 17.09.2025 Index : Yes/No Speaking Order : Yes/No dk List of Petitioners side Witnesses:
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P.W.1 : Mrs.S.Rajini P.W.2 : Mr.K.C.Nagaraj P.W.3 : Ms.Mythili Srinivasan List of Petitioners side Documents:
Ex.P1 : The Original Registered Will executed by the deceased Mrs.Rama Srinivasan dated 09.07.2008.
Ex.P2 : The Online copy of Death Certificate of Mrs.Rama Srinivasan date of death 19.09.2024 dated 29.11.2024. Ex.P3 : The Photocopy of Death Certificate of Mr.Dr.Srinivasan.B (Predeceased) date of death 02.12.2004 dated 08.12.2004.
Ex.P4 : The Photocopy of Legal heirs certificate of deceased B.Srinivasan dated 27.01.2005.
Ex.P5 : The Photocopy of Death Certificate of Mrs.Sankari (Predeceased) date of death 04.01.1997 date of issue 10.01.1997.
Ex.P6 : The Online copy Death Certificate of Mrs.Jalaja Sundaram (predeceased) date of death 11.05.2020 dated of issue on 19.05.2020.
Ex.P7 : The Online copy Death Certificate of Balachandran Meenakshi Sundaram (predeceased) date of death 04.11.2022 dated 26.11.2022.
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Ex.P8 : The Photocopy of Sale Deed in favour of Dr.B.Srinivasan dated 05.12.1986.
17.09.2025 P. DHANABAL,J.
dk Page No.6 of 7
OP No.184 of 2025 17.09.2025 Page No.7 of 7