S. Rajalakshmi And 2 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL OP No.98 of 2025 1.Mrs.S.Rajalakshmi 2.Mrs.S.Sumathi 3.Mrs.A.Sasikala
...Petitioners
Vs.
Nil
...Respondent
Prayer : Original Petition has been filed under Sections 232 and 276 of the Indian Succession Act 1925, r/w Order XXV Rule 5 of the Original Side Rules praying to grant Letters of Administration with the Will annexed herewith in favour of the petitioners as the daughters of T.V.Damadoran/Testator and Legatees under the said Will, having effect limited to the State of Tamil Nadu.
For Petitioner(s) :
Mr.T.Selvaraj For Respondent(s) :
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ORDER
The original petition has been filed under Sections 232 and 276 of the Indian Succession Act 1925, r/w Order XXV Rule 5 of the Original Side Rules, praying to grant Letters of Administration with the Will annexed herewith in favour of the petitioners as the daughters of T.V.Damadoran/Testator and Legatees under the said Will, having effect limited to the State of Tamil Nadu.
2. According to the petitioners, they are the daughters of the deceased Mr.T.V.Damadoran/Testator. During his lifetime, he executed a Will dated 05.03.1987 in favour of the petitioners and thereafter, he died on 28.08.2022. After the demise of Mr.T.V.Damadoran/Testator, the Will came into effect. Therefore, the petitioners filed this petition to grant letters of Administration in their favour. There are no respondents in this petition.
3. After numbering this petition, this Court directed the petitioners to issue paper publication and the same was also effected and thereafter no objection was received from any party. Thereafter, the case was posted for recording evidence and the evidence also was recorded. On the side of the Page No.2 of 8
petitioners, P.W.1 and P.W.2 were examined and Exs.P1 to P33 were marked.
4. P.W.1 is one of the petitioners and she deposed about the Will. P.W.2 is the witness who identifies the signature of the attestors as well as the testator. Since both the attestors died prior to the filing of this petition, P.W.2 was examined, who identified the signatures of the testator as well as the attesting witness in the Will. Therefore, P.W.2 has categorically deposed about the identification of the signatures found in the Will in respect of the testator as well as the first attestor. Thus, the Will dated 05.03.1987 has been duly proved in accordance with law. Hence, the petitioners are entitled to the relief as prayed for in the petition.
5. Therefore, this Original Petition is allowed and Letters of Administration in respect of the Will and Testament dated 05.03.1987 executed by the testator namely Mr.T.V.Damodaran, in favour of the petitioners, is granted.
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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) 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 in a year. 09.09.2025 dk Index : Yes/No Speaking Order : Yes/No dk List of Petitioners side Witnesses:
P.W.1 : Mrs. S.Sumathi P.W.2 : Mr. T.Janarthanam List of Petitioners side Documents:
Ex.P1 : The original Will and Testament of T.V.Damodaran dated 05.03.1987.
Ex.P2 : The original pension payment order dated 30.03.1985. Ex.P3 : The original service certificate.
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Ex.P4 : The original property tax receipt dated 17.09.1977. Ex.P5 : The original property tax receipt dated 26.08.1978. Ex.P6 : The original property tax receipt dated 27.03.1979. Ex.P7 : The original property tax receipt dated 27.02.1985. Ex.P8 : The original property tax receipt dated 30.05.1988. Ex.P9 : The original property tax receipt dated 20.12.1989. Ex.P10 : The original extract of town survey land register dated 02.09.1994.
Ex.P11 : The original EB Card in the name of T.V.Damodaran for the year 2021 - 2023.
Ex.P12 : The original EB Card in the name of S.Sumathi for the year 2021 - 2023.
Ex.P13 : The original EB Card in the name of A.Sasikala for the year 2020 - 2023.
Ex.P14 : The original gas connection voucher in the name of Saradhambal dated 12.11.1980.
Ex.P15 : The photocopy of the sale deed dated 25.08.1947. Page No.5 of 8
Ex.P16 : The photocopy of the Aadhaar card of S.Rajalakshmi. Ex.P17 : The photocopy of the Aadhaar card of S.Sumathi. Ex.P18 : The photocopy of the Aadhaar card of A.Sasikala. Ex.P19 : The photocopy of TN Govt Notification for changing the name of S.Rajalakshmi dated 19.06.2002.
Ex.P20 : The original Indian Oil Corporation Ltd Voucher in the name of V.Thangavelu dated 09.03.1994.
Ex.P21 : The original IOC Ltd replacement voucher in the name of V.Thangavelu dated 04.02.2008.
Ex.P22 : The issue of paper publication in Tamil Daily " Makkal Kural" dated 15.05.2025.
Ex.P23 : The issue of paper publication in English Daily " Trinity Mirror" dated 23.05.2025.
Ex.P24 : The affidavit of assets showing the net value of estate Rs.1,10,92,750.00/-.
Ex.P25 : The computer generated copy of the death certificate of D.Ramajayam/executrix who died on 26.11.2018. Ex.P26 : The computer generated copy of the death certificate of T.V.Damodaran who died on 28.08.2022.
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Ex.P27 : The computer generated copy of the legal heir certificate of Mr.T.V.Damodaran dated 30.06.2023. Ex.P28 : The computer generated copy of the death certificate of V.Thangavelu who died on 06.06.2023.
Ex.P29 : The computer generated copy of the death certificate of V.Devarajan who died on 28.01.1996.
Ex.P30 : The computer generated copy of the death certificate of Venugopal who died on 13.10.1972.
Ex.P31 : The computer generated copy of the death certificate of Saradhambal who died on 19.07.1983.
Ex.P32 : The certificate under Section 65(B) of Indian Evidence Act filed for Exs.P25 to P31.
Ex.P33 : The photocopy of the Aadhaar card of T.Janarthanam. Page No.7 of 8
P. DHANABAL,J.
dk OP No.98 of 2025 09.09.2025 Page No.8 of 8