Mrs.Ranjani Srinivasan v. Vivek Anand Viswanath And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.07.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mrs.Ranjani Srinivasan
...Petitioner
vs.
1.Mr.Vivek Anand Viswanath 2.Mr.T.Ramasubramanian
...Respondents
PRAYER: Original Petition filed under Sections 232 and 276 of the Indian Succession Act, 1925 (Act 39 of 1925) read with Order 25 Rule 5 of the Rules of the High Court of Madras, Original Side, 1956, to grant Letters of Administration with the WILL of S.Srinivasan dated 14.07.2018 annexed thereto to the petitioner as his only daughter and the Legatee/Sole Beneficiary under the Will having effect throughout the State of Tamil Nadu. For Petitioner : Mr.R.Ravichandran For Respondents : M/s.N.Soundaravalli
ORDER
This Original Petition has been filed for issuance of the Letters of Administration in respect of the Will dated 14.07.2018 executed by S.Srinivasan, who died on 18.03.2019. The petitioner is the daughter of the 1/6
testator. The wife of the testator expired on 12.05.2021. The respondents are the executors appointed by the testatrix who are unable to execute the Will due to their profession and personal commitment. The petitioner is the beneficiary under the Will. Hence, the petitioner seeks issuance of Letters of Administration in respect of the properties situated within the jurisdiction of this court.
2. The petitioner has examined herself as PW1. She has produced the death certificates of the Testator and his wife husband as Ex.P2 and Ex.P4.The original registered will and testament dated 14.07.2018 as Ex.P1. The legal heirship certificates of the testator and his wife as Ex.P3 and Ex.P5. A perusal of Ex.P3, shows that the testator died leaving behind his wife and his daughter, the petitioner as surviving legal heirs. Ex.P5, shows that the wife of the testator died subsequent to her husband, leaving behind her daughter, the petitioner as her only surviving legal heir. From the above observation, it can be inferred that the petitioner is the only surviving legal heir of the testator. The paper publications were made and marked as Ex.P9 and Ex.P10.
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3. The learned counsel for the respondents submits that the respondents have no objection to grant the letters of administration in favour of the petitioner.
4. The petitioner has examined Mr.S.Venkatakrishnan, who is the second attesting witness to the said Will as PW2. He has spoken about the execution of the Will by the testator and its attestation by him and marked his affidavit as Ex.P12.
5. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.
6. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioner, in respect of the Will dated 14.07.2018 of the testator S.Srinivasan. 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 is further directed to file an 3/6
inventory of assets and statement of accounts within a period of six months and one year, respectively.
Index :Yes/No Petitioner's witness:
P.W.1 - Mrs.Ranjani Srinivasan P.W.2 - Mr.S.Venkatakrishnan Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Original Will dated 14.07.2018 executed by Mr.S.Srinivasan.
Ex.P2 Computer generated Death certificate of Mr.S.Srinivasan. Ex.P3 Computer generated legal heirship certificate of Mr.S.Srinivasan.
Ex.P4 Computer generated death certificate of Mrs.Ramapriya Srinivasan.
Ex.P5 Computer generated legal heirship certificate of Mrs.Ramapriya Srinivasan.
Ex.P6 Photocopy of the sale deed dated 26.09.2000 executed in favour of Mr.S.Srinivasan and Mrs.Rampriya Srinivasan (Compared with original) Ex.P7 Photocopy of the sale deed dated 06.06.2016 executed in favour of 1.Mrs.Ranjani Srinivasan, 2.Mr.S.Srinivasan and 3.Mrs.Ramapriya Srinivasan (Compared with the original) Ex.P8 Affidavit of assets showing the net value of the estate as 4/6
Rs.75,00,000/- Ex.P9 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 21.04.2024.
Ex.P10 Copy of the paper publication effected in one issue of English Daily "Trinity Mirror" dated 28.04.2024. Ex.P11 Certificate under Section 65 B of the Indian Evidence Act, 1872.
Ex.P12 Affidavit of P.W.2.
Ex.P13 Photocopy of Aadhaar Card of P.W.2.(Compared with the original) 5/6
K.KUMARESH BABU, J.
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