R.Saroja v. Mr.R.Tamilarasan And 3 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-06-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE R.Saroja W/o.Late S.Ramalingam (Testator), Flat No.4, Door No.27, Cascade Enclave, Rangarajapuram Main Road, Kodambakkam, Chennai - 600 024.
..Petitioner(s) Vs
1. Mr.R.Tamilarasan and 3 Others S/o.Late S.Ramalingam (Testator), C2D, TAQA Neyveli Housing Colony, U Mangalam, Virudhachalam Taluk, Cuddalore District 607804.
2. Poonkuzhali.T D/o.Late S.Ramalingam (Testator), Salem Illam, No.1/1, Corporation Colony Road, Rangarajapuram, Kodambakkam, Chennai - 600 024.
3. R.Chezhiyan S/o.Late S Ramalingam (Testator), Building No.167, Room No.B14, 2nd Floor, 126th Street, Block 2, Jleeb al Shyoukh, Kuwait 85602.
4. R.Elango S/o.Late S Ramalingam (Testator), New No.27/4, Rangarajapuram Main Road, Kodambakkam, Chennai - 600 024.
..Respondent(s) Prayer : Original Petition filed under section 232 and 276 of the Indian Succession Act for Letters of Administration with the will annexed to the properties and credits of deceased may be granted to the petitioner as wife and who is the sole beneficiary under the Will of deceased, having effect throughout the State of Tamil Nadu Gross Amount Rs.75,00,000/- and Net Amount Rs.75,00,000/- For Petitioner(s) :
Mr.R.Kishore Kumar for M/s.G.Bala And Daisy For Respondent(s):
Mr.R.Nanda Kumar - R1 to R3
ORDER
This Original Petition has been filed under Sections 232 and 276 of the Indian Succession Act, 1925, read with Order XXV Rule 5 of the Original Side Rules, seeking grant of Letters of Administration with the Will annexed in respect of the last Will and testament dated 13.08.2022 said to have been executed by late S. Ramalingam.
2. The petitioner is the wife of the deceased testator, S. Ramalingam. The respondents are the children of the deceased testator. According to the petitioner, S. Ramalingam died on 21.11.2022, leaving behind the petitioner, three sons, namely R. Tamilarasan, R. Chezhiyan and R. Elango, and one daughter, namely Poonkuzhali.T, as his Class-I legal heirs.
3. It is the case of the petitioner that late S. Ramalingam was the owner of the property bearing Flat No.4, Door No.27, Cascade Enclave, Rangarajapuram Main Road, Kodambakkam, Chennai - 600 024, more fully described in the petition schedule. The petitioner relies upon the sale deed dated 03.07.1996 and the settlement deed dated 26.07.2016 to establish the title of the deceased in respect of the schedule property.
4. The petitioner states that the deceased executed an unregistered Will dated 13.08.2022. Under the said Will, the schedule property has been bequeathed in favour of the petitioner. No executor has been appointed under the Will. The petitioner, being the sole beneficiary and the widow of the deceased testator, has therefore sought grant of Letters of Administration with the Will annexed.
5. The petitioner has stated that the gross and net value of the estate is Rs.75,00,000/-. The affidavit of assets has also been filed showing the net value
of the estate as Rs.75,00,000/-. It is further stated that no other application has been made before any District Court, delegate or High Court for probate or for Letters of Administration in respect of the estate of the deceased.
6. The Respondents 1 to 3 entered appearance through counsel and have filed their consent affidavits stating that they had no objection to grant of Letters of Administration in favour of the petitioner. In respect of the fourth respondent, substituted service was ordered. Paper publication was effected. General publication was also effected in one issue of Tamil daily "Makkal Kural" dated 29.11.2025 and in one issue of English daily "Trinity Mirror" dated 06.12.2025. When the matter was before the learned Master on 09.01.2026, it was recorded that service had been completed by paper publication and that no objection was raised.
7. The petitioner examined herself as P.W.1 and marked Ex.P1 to Ex.P9. Ex.P1 is the original unregistered Will dated 13.08.2022. Ex.P2 is the photocopy of the sale deed dated 03.07.1996. Ex.P3 is the photocopy of the settlement deed dated 26.07.2016. Ex.P4 is the computer generated death certificate of S. Ramalingam along with certificate under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023. Ex.P5 is the computer generated legal heirship certificate along with certificate under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023. Ex.P6 is the photocopy of the petitioner's Aadhaar
card. Ex.P7 is the photocopy of the Aadhaar card of R. Tamilarasan. Ex.P8 is the affidavit of assets showing the net value of the estate as Rs.75,00,000/-. Ex.P9 series are the paper publications in "Makkal Kural" and "Trinity Mirror"..
8. P.W.2, Poonkuzhali.T, who is the daughter of the deceased and one of the attesting witnesses to the Will, has clearly spoken about the execution and attestation of the Will. She has stated that the testator signed the Will in her presence and in the presence of the other attesting witness, and that he was in a sound state of mind at the time of execution.
9. On consideration of the pleadings, documents and evidence, this Court is satisfied that the Will dated 13.08.2022 executed by the late S. Ramalingam has been duly proved and that the petitioner is entitled to grant of Letters of Administration with the Will annexed.
10. Accordingly, O.P.No. 775 of 2024 is allowed. The Registry shall issue Letters of Administration accordingly, to have effect throughout the State of Tamil Nadu; 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 shall file a full and true inventory of the estate within six months from the date of receipt of the Letters
of Administration and shall render a true and proper account within one year thereafter.
23-06-2026 Index: Yes/No Speaking/Non-speaking order Petitioner Side Witnesses :
P.W.1 Mrs.R.Saroja P.W.2 : Mrs.Poonkuzhali Petitioner Side Documents :
Ex.P.1 : Will of Late S.Ramalingam dated 13.08.2022 Ex.P.2 : Copy of the sale Deed dated 03.07.1996 Ex.P.3 : Copy of the settlement deed dated 26.07.2016 Ex.P.4 : Computer Generated death certificate of Mrs.S.Ramalingam along with certificate under section 63 [4] [C] of BSA. Ex.P.5 : Computer Generated legal heirship certificate of Mrs.S.Ramalingam along with certificate under section 63 [4] [C] of BSA.
Ex.P.6 : Copy of Adhar card of the Petitioner Ex.P.7 : Copy of Adhar card of Mr.R.Tamilarasan Ex.P.8 : Affidavit of assets Ex.P.9 : Copies of Paper publication effected in English daily 'Trinity Mirror' dated 06.12.2025 and Tamil daily 'Makkal Kural' dated 29.11.2025
Ex.P.10 Copy of Adhar Card of P.W.2 Respondents Side Witnesses and Documents Nil 23.06.2026 vrc
DR.A.D.MARIA CLETE, J.
vrc 23-06-2026