G. Anand v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2025 CORAM :

THE HONOURABLE MR.JUSTICE P.DHANABAL G. Anand S/o. V. Ganesan ... Petitioner 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 with the Will annexed, to the petitioner as nephew / beneficiary under the Will of the deceased having effect limited to the State of Tamil Nadu.

For Petitioner :

Mr. A. Arokia Sathessh

ORDER

This petition has been filed under Section 232 and 276 of the Indian Succession Act to grant Letters of Administration with the Will, annexed to the petition, as the nephew / beneficiary under the Will of the said deceased Page No.1 of 8

having effect limited to the State of Tamil Nadu.

2. After filing of this petition, this Court directed the petitioner 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 thereafter no any objection from any party. Thereafter, the case was posted for recording evidence and the evidence also was recorded. On the side of the petitioner, PW1 and PW2 were examined and Ex.P.1 to Ex.P154 were marked.

3. According to the petitioner, one Smt. G. Kamala died intestate on 18.07.2001 leaving behind her S.R. Gopalakrishnan as her sole legal heir and they had no issues. The said Gopalakrishnan possessed an immovable property at Door No/1693. Ramesh Magesh Apartments, Ramakrishna Mutt Road, Raja Annamalaipuram, Chennai and he was taken care by the parents of the petitioner herein, who are related to the said S.R. Gopalakrishnan as sister-in-law and her husband. The said S.R. Gopalakrishnan had bequeathed Page No.2 of 8

the said property to the petitioner and executed a registered Will dated 14.02.2006 in favour of the petitioner, who was minor at the time of execution of Will. The value of assets would come around Rs.57,46,293/-. There is no other next of kin to the said deceased S.R. Gopalakrishnan. Therefore the petitioner has filed this petition.

4. PW1 is the petitioner herein. PW2 is the attesting witness of the Will and PW2 has categorically deposed about the execution of the Will and attestation. Therefore, the execution of the Will and attestation are duly proved in accordance with law. There is no any rival claim against the Will. The available evidences amply proved the execution and attestation of the Will. Therefore, the petitioner has proved the Will in the manner known to law and he is entitled to the relief as prayed for in the petition.

4. Therefore, this Original Petition is allowed and Letter of Administration, in respect of the Will and Testament dated 14.02.2006 Page No.3 of 8

executed by S.R. Gopalakrishnan (deceased) in favour of the petitioner, is granted.

5. Issue Letters of Administration in favour of the petitioner. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioner is 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 petitioner is further directed to render true and correct accounts once in a year.

10.09.2025 Index :

Yes/No Speaking Order :

Yes/No mjs List of Petitioner side Witnesses:

PW1 :

Mr. G. Anand PW2 :

Mr. Sivasankaran Page No.4 of 8

List of Petitioner side Documents:

Exhibit No.

Date Description of Documents.

Ex.P.1.

14.02.2006 Original Will executed by Late Mr. S.R.

Gopalakrishnan.

Ex.P.2 30.03.1990 Photocopy of the Sale deed vide Doc.

No.846/1990.

Ex.P.3 16.04.1990 Photocopy of the Construction Agreement.

Ex.P.4.

18.07.2001 Photocopy of the Death Certificate of Mrs. G. Kamala.

Ex.P.5.

- Computer generated Death Certificate of Mr. S.R. Gopalakrishnan [Date of Death on 14.07.2024].

Ex.P.6 Photocopy of the Aadhar Card of decased Mr. S.R. Gopalakrishnan.

Ex.P.7 Photocopy of the PAN card of Mr. S.R. Gopalakrishnan.

Ex.P.8 Photocopy of the Ration Card of Mr. S.R.

Gopalakrishnan.

Ex.P.9 Photocopy of the Aadhar Card of the petitioner.

Ex.P.10 Photocopy of the PAN card of the petitioner.

Ex.P.11 Photocopy of the Aadhar card of Page No.5 of 8

Mr. V. Ganesan.

Ex.P.12 Downloaded copy of valuation report.

Ex.P.13 Affidavit to Assets.

Ex.P.14 30.05.2025 Paper publication effected in one issue of Tamil Daily in "Makkal Kural".

Ex.P.15 06.06.2025 Paper publication effected in one issue of English Daily in "Trinity Mirror".

Page No.6 of 8

P.DHANABAL.,J mjs Page No.7 of 8

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