C.Natarajan And Another v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.11.2025 CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL
1. C. Natarajan
2. C. Dillidurai ... Petitioners 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 to the Will annexed with the petition, to the petitioners as nephews / beneficiaries of the deceased having effect limited to the State of Tamil Nadu.
For Petitioners :
Mr. K. Shankar
ORDER
This petition has been filed under Section 232 and 276 of the Indian Succession Act to grant Letters of Administration to the petitioners to the estates and credits of the deceased having effect limited to the State of Tamil Page No.1 of 7
Nadu.
2. After filing of this petition, this Court directed the petitioners 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 there is no any objection from any party. Thereafter, the case was posted for recording evidence and the evidence was also recorded. On the side of the petitioners, PW1 to PW3 were examined and Ex.P.1 to Ex.P13 were marked.
3. According to the petitioners, one Mr M. Dayalan died on 14.01.2022 and he executed an unregistered Will dated 14.01.2022 in the presence of witnesses namely Mr. E. Purushothaman and Mr. R. Mohan. The parents of the Testator predeceased him. The wife of the Testator also predeceased him on 23.01.2021. There are no issues to the Testator. The Testator was taken care by the petitioners herein. The petitioners are the second class legal heirs of the Testator and other than the petitioners, there are no other next of kin to the deceased. The amount of assets which are likely to come into the hands of Page No.2 of 7
the petitioners is approximately Rs.1,25,00,000/-. As per the Will, there is no executor. The petitioners are the only surviving legal heirs and there is no other next of kin to the deceased.
4. The 1 st petitioner herein, was examined as PW1 and Ex.P.1 to Ex.P.13 were marked. He has deposed that he is the relative of the deceased and reiterated the petition averments and further stated that the deceased executed an unregistered Will dated 14.01.2022 in the presence of the attesting witnesses. The said attesting witnesses have been examined as PW2 and PW3. They both deposed that the testator had executed a Will dated 14.01.2022 and they were also present along with the testator at the time of execution of Will. They have also identified the signatures of the attestors and testator in the Will. A perusal of evidences of PW1 to PW3 and Ex.P.1 to Ex.P.13 revealed that the petitioners are the legal heirs of the deceased and no any objection has been raised by any other party to grant letter of administration to the petitioners. Therefore, the petitioners, through the Page No.3 of 7
evidences and documents, have amply proved the execution of Will. Therefore, the petitioners are entitled to the relief as prayed for in the petition.
5. Therefore, this Original Petition is allowed and Letter of Administration, to the estates and credits of the deceased Mr. M. Dayalan in favour of the petitioners, is granted.
6. 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) in favour of the Assistant Registrar (O.S.II), High Court, Madras. The petitioners are further directed to render true and correct accounts once in a year.
14.11.2025 Index :
Yes/No Speaking Order :
Yes/No mjs Page No.4 of 7
APPENDIX:
List of Petitioner side Witnesses:
PW1 :
Mr. C. Natarajan PW2 :
Mr.E. Purushothaman PW3 :
Mr. R. Mohan List of Petitioner side Documents:
Exhibit No.
Date Description of Documents.
Ex.P.1.
14.01.2022 Original Will executed by Mr. M.
ayalan.
Ex.P.2 - Computer generated Death Certificate of Mrs. D. Malliga Ex.P.3 - Computer generated Death Certificate of Mr. M. ayalan.
Ex.P.4.
07.06.1971 Photocopy of the Sale deed Ex.P.5 30.03.1992 Photocopy of the partition deed.
Ex.P.6 - Photocopy of the Aadhar Card of PW1.
Ex.P.7 - Photocopy of the Aadhar card of the 2nd petitioner. Ex.P.8 - Certificate filed by PW1 under Section 63(4) of BSA Ex.P.9 - Affidavit of assets showing the net value of the estate as Rs.1,25,00,000/- Page No.5 of 7
Ex.P.10 19.08.2025 Copy of paper publication effected in one issue in Tamil daily "Dinakural".
Ex.P.11 19.08.2025 Copy of paper publication effected in one issue in English daily "Southern Mail".
Ex.P.12 - Photocopy of Aadhar card of PW2 Ex.P.13 - Photocopy of Aadhar card of PW3 14.11.2025 Page No.6 of 7
P.DHANABAL.,J mjs 14.11.2025 Page No.7 of 7