R.Ramarathinam And Another v. R.Saraswathi And 6 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-09-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL OP NO. 431 of 2024

1. R.Ramarathinam

2. S.Arivazhagee Petitioner(s) Vs

1. R.Saraswathi

2. R.Amoodha Valli

3. R.Anantha Narayanan

4. R.Rathna Thara

5. R.Rumamani

6. R.Sarala Devi

7. R.Kannabiran Respondent(s) For Petitioner(s):

M/s.E.Yuvarani for M/s.B.Sathish Babu For Respondent(s):

M/s.D.Nandhini For R1 to R7 - D.No.14300/2025 Vak filed on 07.04.2025 Aos Filed Dno; 2872,dt: 23/1/2024 Page No.1 of 6

ORDER

The original petition has been filed under Sections 232 and 276 of the Indian Succession Act read with Order XXV Rule 5 of the Original Side Rules to grant Letters of Administration with the Will annexed to the petition as the son and daughter-in-law/legatees/beneficiaries under the Will of the deceased, having effect limited to the State of Tamil Nadu.

2. According to the petitioners, the testator/deceased, Mr.Aali R.Ranganathan, died on 07.04.2014. During his lifetime, he possessed immovable property, namely Flat No.F-1 at New No.9, Siddhi Vinayagar Koil Street, T.Nagar, Chennai - 600 017 in R.S.No.1631/3, T.S.8974, Block No.129, to an extent of 1111 sq.ft., on the first floor. During his lifetime, he executed a Will dated 23.12.2001, in favour of the petitioners. As per the Will, one Mr.A.Soundara Rajan, S/o.Alagappa Konar, was appointed as sole executor, but he died on 16.11.2017 without having proved the said Will.

3. The first petitioner/son of the deceased and the second petitioner/wife of the first petitioner are the legatees under the above-said Will and they came to know about the Will only in the month of January Page No.2 of 6

2023. The respondents have no objection, and they have also filed a consent affidavit. Therefore, the petitioners filed this petition to grant Letters of Administration.

4. After numbering this petition, a general paper publication was effected and no objections were raised by any of the parties, and thereafter, the matter has been posted for recording evidence and the evidence also was recorded.

5. On the side of the petitioners, P.W.1 and P.W.2 were examined, and Exs.P1 to P4 were marked and Ex.C1 was also marked. The original Will has been marked as Ex.P1.

6. P.W.1 is the first petitioner and he deposed about the Will. P.W.2, the attesting witness of the Will has categorically deposed about the execution and attestation of the Will, and thereby the Will has been duly proved in accordance with law. Further, there is no any rival claim made by the other respondents and they already filed consent affidavit. Therefore, the Will has been duly proved by examining the attesting witness. As per the Will, the petitioners are the beneficiaries of the Will. Hence, the petitioners are entitled to the relief as prayed for in the petition. Page No.3 of 6

7. Therefore, this Original Petition is allowed and Letters of Administration in respect of the Will dated 23.12.2001 executed by Mr.Aali R. Ranganathan, in favour of the petitioners, are granted.

8. 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. 03.09.2025 dk Index : Yes/No Speaking Order : Yes/No List of Petitioners side Witnesses:

P.W.1 : Mr.Ramarathinam. R P.W.2 : Mr.R.Krishnamoorthi Page No.4 of 6

List of Petitioners side Documents:

Ex.P1 : The Original Will of Mr.R.Ranganathan dated 23.12.2001.

Ex.P2 : The Original Legal Heirs Certificate of Mr.R.Ranganathan dated 05.11.2014.

Ex.P3 : The Online Copy of Death Certificate of Mr.R.Ranganathan dated 04.05.2014.

Ex.P4 : The Photocopy of the Sale Deed of Mr.R.Ranganathan dated : 04.10.1971.

List of Court Document:

Ex.C1 : Affidavit of attesting witness.

To

1. R.Saraswathi and 6 others at No.9, Siddhi Vinayagar Koil St, T.Nagar, Chennai 600 017.

2. R.Amoodha Valli D/o. Late R.Ranganathan, at No.9, Siddhi Vinayakar Koil St.

T.Nagar, Chennai 600 017.

3. R.Anantha Narayanan at No.9, Siddhi Vinayakar Koil St.

T.Nagar, Chennai 600 017.

Page No.5 of 6

P. DHANABAL,J.

dk

4. R.Rathna Thara D/o. late R.Ranganathan, at No.33, Siddhi Vinayakar Koil Street, T.Nagar Chennai 600 017.

5. R.Rumamani D/o. late R.Ranganathan, at No.357, 7th block, Mugappair West Chennai 600 037.

6. R.Sarala Devi D/o. late R.Ranganathan, at No.9, Siddhi Vinayakar Koil Street, T.Nagar, Chennai 600 017.

7. R.Kannabiran D/o. R.Ranganathan, at No.9, Siddhi Vinayakar Koil Street, T.Nagar, Chennai 600 017. OP NO. 431 of 2024 03.09.2025 Page No.6 of 6