Narendranath Mepur Ravindranath v. M.H.Ravindranath And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2025 CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL Narendranath Mepur Ravindranath ... Petitioner vs
1. H. Ravindranath S/o. Hanumantha Rao
2. M.H. Kalavathy D/o. Hanumantha Rao
3. M.H. Mallika D/o. Hanumatha Rao ..
Respondents PRAYER: Original Petition is filed under Section 232 and 276 of the Indian Succession Act of 1925 read with Order XXV Rule 5 of the Original Side Rules praying to grant letters of Administration with the Will annexed, to the petitioner as the son of the brother of the deceased / beneficiary under the Will of the said deceased M.H. Subhashini having effect through out the State of Tamil Nadu.
For Petitioners Ms. A. Jagadeeswari For Respondents:
For R1 Mr. K. Gangadaran Page No.1 of 7
For R2 No appearance For R3 Ms. S. Surekho
ORDER
This petition has been filed under Section 232 and 276 of the Indian Succession Act to grant Letters of Administration with the Will, annexed to the petition, as the son of the brother of the deceased / beneficiary under the Will of the said 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 thereafter no any objection from any party. Thereafter, the case was posted for recording evidence and the evidence also was recorded. On the side of the petitioner, PW1 and PW2 were examined and Ex.P.1 to Ex.P.4 were marked and Ex.C.1 to Ex.C.4 were also marked.
Page No.2 of 7
3. PW1 is the petitioner herein. PW1 has deposed that he is the son of the brother of deceased M. H. Subhashini and her husband T.S. Balachandran is predeceased to her. The deceased has no issues. Her parents are also predeceased. The respondents herein are the brother and sisters of the deceased. The deceased M. H. Subashini died on 29.11.2022 and she executed one Will on 19.11.2022 in favour of the petitioner herein and another Will in favour of Mr. Keerthi Ganesh, Son of her sister Mallika for two different properties, when she was admitted in the hospital. The Will dated 19.11.2022 is an unregistered Will. PW2 is the attesting witness of the Will and PW2 has categorically deposed about the execution of the Will and attestation. Therefore, the execution of the Will and attestation are duly proved in accordance with law.
There is no any rival claim against the Will. The available evidences amply proved the execution and attestation of the Will. Therefore, the petitioner has proved the Will in the manner known to law and he is entitled to the relief as prayed for in the petition. Page No.
4. In view of the above, this Original Petition is allowed and Letter of Administration, in respect of the Will and Testament dated 19.11.2022 executed by M.H. Subhashini (deceased) in favour of the petitioner, is granted.
5. 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.
10.09.2025 Index Yes/No Speaking Order Yes/No mjs List of Petitioner side Witnesses:
PW1 Mr. Narendranath Mepur Ravindranath Page No.4 of 7
PW2 Mr. Dhayamanoharan List of Petitioner side Documents:
Exhibit No.
Date Description of Documents.
Ex.P.1.
19.11.2022 Original Will executed by Mrs. M.H.
Subashini.
Ex.P.2 26.05.2023 Xerox copy of Death Certificate of Mrs.
M.H. Subashini.
Ex.P.3 13.02.2012 Xerox copy of Sale Deed in Doc.
No.739/2013 in favour of Mrs. M.H.
Subashini.
Ex.P.4.
- Photocopy of the Aadhar Card of the deceased Mrs. M.H. Subashini.
List of Court Documents:
Exhibit No.
Date Description of Documents.
Ex.C.1.
13.01.2025 One issue of paper publication effected in English Daily "Trinity Mirror".
Ex.C.2 06.01.2025 One issue of paper publication effected in Tamil Daily "Makkal Kural".
Ex.C.3 27.10.2024 Consent affidavit of the 3rd respondent.
Ex.C.4.
Affidavit of PW2.
Page No.5 of 7
P.DHANABAL.,J mjs Page No.6 of 7
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