M.Sudhamayi v. Dr.M.Jagadeeswara Rao And 6 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mrs.M.Sudhamayi
...Petitioner
vs.
1.Dr.M.Jagadeeswara Rao 2.Mrs.Jayashree Tatineni 3.Mrs.Jalaja Dronavalli (Deceased) 4.Mrs.Jayanthi Kondapaneni 5.D.Bharadwaz 6.D.Vamsidhar 7.D.Shalini
...Respondents
(Respondents 5 to 7 impleaded as LR's of deceased 3rd respondent and the amendment carried out as per order dated 03.11.2023 in A.No.5779 of 2023) PRAYER: Original Petition filed under Section 232 & 276 of the Indian Succession Act, 1925 read with Order XXV Rule 5 of O.S.Rules 1956, to grant Letters of Administration with the Will, annexed to the petitioner being Daughter-in-Law and one of the beneficiary under Will having effect throughout the State of Tamil Nadu and limited to the assets mentioned in the affidavit of assets.
For Petitioner : Ms.R.J.Radhika For R1 : Mr.P.Ravichandran For R2 : No appearance (sd) For R3 : Deceased For R4 : No appearance (sd) For R5 to R7 : Set exparte 1/7
ORDER
This Original Petition has been filed for issuance of the Letters of Administration in respect of the Will dated 19.08.1989 executed by Late Mrs.Navarathna Siromani, who died on 19.02.2019.
2. The petitioner states that she got married to the 1st respondent who is the son of the testatrix and thereby she is the daughter-in-law of the testatrix. The petitioner submits that the testatrix had got married to one Mr.M.Satayanarayanamurthy who predeceased the testatrix on 19.12.2002 and the couple had begotten the respondents 1 to 4 as their children out of their wedlock. The petitioner submits that on account of the death of 3rd respondent she had impleaded the legal heirs of the 3rd respondent as respondents 5 to 7 vide order dated 03.11.2023 in the Application No.5779 of 2023. The petitioner further submits that the testatrix is the absolute owner of a vacant plot upon which she had subsequently constructed the immovable property mentioned in the schedule of the petition using the funds given by the 1st respondent.
The petitioner contends that before her death the testatrix had executed a will dated 19.08.1989 registered as Document No.79 of 1989 in SRO, Anna Nagar. Through the above said Will the testatrix had given the life interest of the immovable property mentioned in the schedule of the petition in favour of her husband Mr.M.
absolutely bequeathed the said immovable property in favour of the petitioner. Therefore the petitioner as the daughter-in-law of the testatrix is the absolute beneficiary named in the Will executed by the testatrix, seeks issuance of Letters of Administration in respect of the properties situated within the jurisdiction of this court.
3. The petitioner has examined herself as PW1 and she produced 13 documents to support her deposition which are listed as Ex.P1 to Ex.P13 at the foot of the order. She had produced the original Will executed by the testatrix as Ex.P1. The computer generated death certificates of the testatrix and the husband of the testatrix has been marked as Ex.P2 and Ex.P3. The legal heirship certificate of the testatrix has been marked as Ex.P4. The photocopy of the Aadhar card and Passport of the Petitioner is marked as Ex.P8 and Ex.P9. A perusal of the Ex.P1 clearly substantiates that the petitioner is the absolute beneficiary named in the Will executed by the testatrix. From Ex.P4 it can be seen that the respondents 1 to 4 are the only surviving legal heirs of testatrix. The general paper publications had been effected which are marked as Ex.P12 and Ex.P13 and no objections were received for the same.
4. The petitioner has examined Mrs.P.Srilatha, who is the first attesting 3/7
witness to the said Will as PW2. She has spoken about the execution of the Will by the testatrix and its attestation by her and the 2nd attesting witness Mr.Subramanian and has marked her affidavit as Ex.P11.
5. The service of notice upon 1st the respondent had been completed and the service of notices upon the respondents 2 and 4 had been completed by substituted service through paper publication as ordered in Application No.3213 of 2023 vide order dated 26.06.2023. The respondents 5 to 7 were set ex-parte vide order dated 12.08.2024. The 1st and 4th respondents have expressed their consent to grant the Letters of Administration in favour of the petitioner and their respective consent affidavits has been filed along with the petition. The learned counsel for the 1st respondent had appeared on behalf of him and has reiterated his consent affidavit.
6. 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.
7. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioners, 4/7
in respect of the Will dated 19.08.1989 of the testatrix Late Mrs.Navarathna Siromani. 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 inventory of assets and statement of accounts within a period of six months and one year, respectively. 30.06.2025 kak Index :Yes/No Petitioner's witness:
P.W.1 - Mrs.M.Sudhamayi P.W.2 - Mrs.P.Srilatha Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Original Will dated 19.08.1989 executed by Mrs.M.Navarathna Siromani.
Ex.P2 Computer generated death certificate of Mrs.Navarathna Siromani.
Ex.P3 Computer generated death certificate of Mr.MM.Satyam. Ex.P4 Computer generated legal heir ship certificate of Mrs.Navarathna Siromani.
Ex.P5 Computer generated property tax receipt dated 29.07.2022 standing in the name of Mrs.M.Navarathna Siromani. Ex.P6 Affidavit of assets showing the net value of the estate as Rs.2,50,00,000/- Ex.P7 Certificate under Section 65 B of the Indian Evidence Act, 1872.
Ex.P8 Photocopy of Aadhaar Card of P.W.1.(Compared with the original) 5/7
Ex.P9 Photocopy of Passport of P.W.1.(Compared with the original) Ex.P10 Affidavit of P.W.2.
Ex.P11 Photocopy of Aadhaar Card(Compared with the original) Ex.P12 Original Paper Publication in English daily newspaper "Trinity Mirror" dated 30.11.2024.
Ex.P13 Original Paper Publication in Tamil daily newspaper "Makkal Kural"dated 08.12.2024.
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K.KUMARESH BABU, J.
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