Parvathy. S v. T.S.Rajeswari And 15 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL S.Parvathy ..Petitioner Vs.
1. T.S.Rajeswari
2. Parvathy Krishnamurthy
3. Abhishek Krishnan
4. Dhanalakshmi
5. Srilakshmi Rajagopal
6. Rajalakshmi
7. K.Ravi
8. Meenakshi
9. Parvathy
10. Lakshmi
11. Vijayalakshmi
12. Saraswathy Natarajan
13. K.V.Saroja
14. N.Sekar
15. N.Shankar
16. Jayashree ..Respondents Prayer:
Original Petition filed under Sections 232 and 276 of the Indian Succession Act, 1925 (39 of 1925), r/w Order XXV Rule 5 of O.S.Rules to grant Letters of Administration to the petitioner, as the beneficiary under the Will having limited effect within the State of Tamilnadu For Petitioner:
Mr.C,Louis Franco For Respondents:
Mr.J.Karthikeyan for R1 to R4 & R13 R12, R14, R15, R6 - Notice served - No appearance
O R D E R
This petition has been filed under Sections 232 and 276 of the Indian Succession Act r/w Order XXV Rule 5 of O.S.Rules to grant Letters of Administration to the petitioner to the estates and credits of the deceased having effect through out the State of Tamil Nadu.
2. After filing of this petition, this Court directed the petitioner to effect paper publication in any one of the issue of Tamil Daily and also in English daily and the paper publication was also effected and there is no any objection from any party. Thereafter, the case was posted for recording evidence and the evidence was also recorded. On the side of the petitioner, PW1 and PW2 were examined and Ex.P.1 to Ex.P.9 were marked.
3. According to the petitioner, one Mrs.V.R.Jayalakshmi, wife of Late K.R.Doraisamy Iyer executed a Will on 30.09.2013 by appointing Mr.K.K.Subramanian, as the Sole Executor and died on 08.11.2013, without any children. The executor of the Will, viz., K.K.Subramanian died on 21.08.2021 without proving the Will. The petitioner is the daughter and the 1st respondent is the wife of the executor, K.K.Subramanian. The siblings of the testatrix's husband, viz., Mr.K.Krishnamoorthy and K.R.Vishwanathan died and their legal heirs are arrayed as respondents 2 to 16. The testatrix had purchased the schedule mentioned property and the testatrix had executed a
Registered Will on 30.09.2013 appointing the Executor, K.K.Subramanian and the said Executor died on 21.08.2021 without having proved the Will. The petitioner and the respondents are the only surviving legal heirs and there is no other next of kin to the deceased. The net amount of the assets would come around Rs.51,61,000/-. There are no other next of kin to the deceased except the petitioner and the respondents. The respondents 1 and 2 have given their joint consent to grant letters of administration in favour of the petitioner and the respondents 3 to 16 are formal parties.
4. The petitioner herein, was examined as PW1. She has deposed that she is the daughter of late K.K.Subramanian and reiterated the petition averments. PW2 is the First Attesting Witness in the Will. She has deposed that the testator had executed a Will dated 30.09.2013 and she was also present along with the testator at the time of execution of Will. She has also identified the signatures of the attestor and testator in the Will. A perusal of evidences of PW1 and PW2 and Ex.P.1 to Ex.P.9 revealed that the petitioner and the respondents 1 and 2 are the legal heirs of the deceased and the respondents 3 to 16 are the formal parties and no any objection has been raised either by the respondents or any other party to grant Letter of Administration to the petitioner. Therefore, the petitioner, through the evidences and documents, has
amply proved the execution of Will. Therefore, the petitioner is entitled to the relief as prayed for in the petition.
5. Therefore, this Original Petition is allowed and Letter of Administration, to the estates and credits of the deceased Mrs.V.R.Jayalakshmi in favour of the petitioner, is granted.
6. Issue Letters of Administration in favour of the petitioner. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioner is also directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of the Assistant Registrar (O.S.II), High Court, Madras. The petitioner is further directed to render true and correct accounts once in a year.
Index :
Yes/No Speaking Order :
Yes/No ssd APPENDIX:
List of Petitioner side Witnesses:
PW1 :
Ms. S.Parvathy PW2 :
Mrs.Mohana Ramesh
List of Petitioner side Documents:
Exhibit No.
Date Description of Documents.
Ex.P.1.
30.09.2013 Original Will dated 30.09.2013 executed by Mrs.V.R.,Jayalakshmi Ex.P.2 - Computer generated death certificate of Mr.V.R.Jayalakshmi Ex.P.3 - Photocopies confirmation of Letters received from the beneficiaries regarding the receipt of movable properties Ex.P.4.
- Computer generated Death Certificate of Mr.K.K.Subramanian Ex.P.5 - Photocopy of legal heirship death certificate of Mr.K.K.Subramanian Ex.P.6.
- Photocopies of sale deed dated 11.09.1995 executed in favour of Mrs.V.R.Jayalakshmi Ex.P.7.
- Affidavit of Assets showing the net value of the estate as Rs.51,61,000/- Ex.P.8.
- Certificate filed by the petitioner under Section 63(4)(C) of BSA Ex.P.9.
09.08.2025 & 16.08.2025 Copies of the paper publication effected in one issue of english daily 'Trinity Mirror'
dated 09.08.2025 and one issue of Tamil Daily 'Makkal Kural' dated 16.08.2025
P.DHANABAL, J.
ssd O.P. No.414 of 2024