R.Sridhar v. R.Kalpagam And 4 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-06-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE R.Sridhar S/o.Late Ramachandran, No.10, Lalitha Garden, Sannathi Street, Thiruvanmiyur, Chennai - 600 041.
..Petitioner(s) Vs
1. R.Kalpagam, W/o.Late Ramachandran, No.10, Lalitha Garden, Sannathi Street, Thiruvanmiyur, Chennai - 600 041.
2. Arun Sethuraman, S/o.Rajagopal Sethuraman, A4, Tansi Housing Colony, Nathan Nagar, 2nd Main Road, Virugambakkam.
3. Vasanthi, D/o.Sivaraman Iyer, A4, Tansi Housing Colony, Nathan Nagar, 2nd Main Road, Virugambakkam.
4. Karthik, S/o.Sivaraman Iyer, A4, Tansi Housing Colony, Nathan Nagar, 2nd Main Road, Virugambakkam.
5. Radha D/o.Vijayalakshmi, A4, Tansi Housing Colony, Nathan Nagar, 2nd Main Road, Virugambakkam.
..Respondent(s) Prayer : Original Petition filed under sections 232 and 276 of the Indian Succession Act for grant the Letters of Administration with the Will annexed dated 24.01.2020 to the petitioner as nephew/beneficiary/legatee under the Will of said deceased having effect limited throughout the State of Tamil Nadu Gross Amount Rs.75,00,000/- and Net Amount Rs.72,75,000/- Suc.duty of Rs.25,000/- paid on 07.08.2025 by e-C/F D.No.31371/2025. For Petitioner(s):
Mr.R.Bharath Kumar For Respondent(s):
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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 dated 24.01.2020 in respect of the estate of late R. Venkataraman.
2. The petitioner states that late R. Venkataraman, his maternal uncle, died on 31.10.2023 at Chennai, where he ordinarily resided. The deceased was
an unmarried bachelor. The first respondent is his sister and respondents 2 to 5 have been brought on record through the branches of the deceased's predeceased siblings.
3. According to the petitioner, the deceased executed a registered Will dated 24.01.2020, bequeathing the schedule mentioned property in favour of the petitioner. No executor was appointed under the Will.
4. Since service on respondents 2 to 5 could not be completed in the ordinary manner, substituted service was ordered by the master on 26.08.2024. Paper publication was effected in one English daily and one Tamil daily. The learned Master recorded on 02.12.2025 that service had been completed and that no objection had been raised pursuant to the publication.
5. The petitioner examined himself as P.W.1 and marked Ex.P1 to Ex.P9. Ex.P1 is the original registered Will dated 24.01.2020 executed by Mr. Venkataraman. Ex.P2 is the photocopy of the settlement deed dated 24.08.1978 executed by Mr. K. Rajagopala Sastri in favour of Mr. R. Venkataraman. Ex.P3 is the death certificate of Mr. Venkataraman. Ex.P4 is the legal heirship certificate of Mr. Venkataraman. Ex.P5 series are the computer generated death certificates of Mr. K. Rajagopala Sastri, father of the testator; Ms. Nagalakshmi, mother of the testator; Mr. Sivaraman Iyer, brother of the deceased testator;
Mrs. S. Vijayalakshmi, sister of the deceased testator; and Mr. Rajagopal Sethuraman, brother of the deceased testator. Ex.P6 is the photocopy of the petitioner's Aadhaar card. Ex.P7 series are the paper publications effected in English daily "Trinity Mirror" dated 07.11.2025 and Tamil daily "Makkal Kural" dated 14.11.2025. Ex.P8 is the affidavit of assets showing the net value of the estate as Rs.72,25,000/-. Ex.P9 is the certificate under Section 64(4)(C) of the Bharatiya Sakshya Adhiniyam, 2023.
6. One of the attesting witnesses, S. Prakash, was examined as P.W.2. P.W.2 has spoken to the execution and attestation of the Will. He has stated that the testator signed the Will in his presence and in the presence of the other attesting witness, and that the testator was in a sound state of mind at the time of execution. He has also stated that he was one of the identifying witnesses at the time of registration.
7. On consideration of the pleadings, documents and evidence, this Court is satisfied that the Will dated 24.01.2020 executed by late R. Venkataraman has been duly proved in the manner known to law. There is no caveat or objection. This Court is also satisfied that persons having caveatable interest, on the materials available, have been brought on record and noticed.
8. Since no executor was appointed under the Will, the petitioner, being the beneficiary under the Will, is entitled to grant of Letters of Administration with the Will annexed.
9. Accordingly, this Original Petition is allowed. Letters of Administration with the Will annexed dated 24.01.2020 shall be granted in favour of the petitioner, having 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 Mr.S.Prakash Petitioner Side Documents :
Ex.P.1 : Will of Late Venkataraman dated 24.01.2020
Ex.P.2 : Copy of the Settlement deed dated 24.08.1978 executed by Mr.K.Rajagopala Sastri in favour of Mr.R.Venkatraman Ex.P.3 Computer Generated death certificate of Mr.R.Venkatraman Ex.P.4 Computer Generated legal heir certificate of Mr.Venkatraman Ex.P.5 series Computer generated death certificates of Mr.K.Rajagopala Sastri, Ms.Nagalakshmi, Mr.Sivaraman Iyer, Mrs.S.Vijayalakshmi and Mr.Rajagopal Sethuraman Ex.P.6 Copy of Adhar card of the Petitioner Ex.P.7 Copies of Paper publication effected in English daily 'Trinity Mirror' dated 07.11.2025 and Tamil daily 'Makkal Kural' dated 14.11.2025 Ex.P.8 Affidavit of assets Ex.P.9 Certificate under Section 64[4][C] of BSA, 2023. Ex.P.10 Copy of Adhar Card of the Petitioner Respondent Side Witnesses and Documents Nil 23.06.2026 vrc
DR.A.D.MARIA CLETE, J.
vrc 23-06-2026