A.Srinivasan (Deceased) And 10 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-06-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE
1. A.Srinivasan (Deceased) S/o. Arumugam, No.147, 7th Cross Street, T.P.Sathiram, Kilpauk, Chennai 600 010.
2. A.Thiruvengadam S/o. S.Arumugam, No.216, 2nd Floor, 37th Cross, 15th Main, Jaya Nagar, 4th T-Block, Bangalore South, Karnataka 560 041.
3. Gajalakshmi W/o. Surendrababu, No.5/6, Kalki Nagar Main Road, Arumbakkam, Chennai 600 106.
4. G.Balasubramani, S/o. Gangatharan, AI 122, 5th Floor, Perumbakkam, Kancheepuram, Chennai 600 100.
5. Munusamy (Deceased) S/o. Kannan, New No.25, Old No.25-F, Canal Bank Road, Gandhi Nagar, Chennai 600 020.
6. M.Selvi D/o.Late Munusamy, No.307, Mariyamman Koil Street, Royapudupakkam, Villupuram District - 605 111.
7. M.Parthiban S/o.Late Munusamy, New No.95F, Old No.25F, Canal Bank Road, Gandhi Nagar, Adyar, Chennai - 600 020.
8. M.Manjula D/o.Late Munusamy, Plot No.51, Door No.S2, Sathyamoorthy Street, Lakshmanan Nagar, Kandanchavadi, Chennai - 600 096.
9. M.Saranya D/o.Late Munusamy, New No.95F, Old No.25F, Canal Bank Road, Gandhi Nagar, Adyar, Chennai - 600 020.
(Amended as per A.No.5579/2025 vide order dated 13.11.2025) 10.Jayanthi W/o.Late Srinivasan, No.147, 7th Cross Street, T.P.Sathiram, Kilpauk, Chennai - 600 010.
11.S.Swathi Rajeswari D/o.Late Srinivasan, No.147, 7th Cross Street, T.P.Sathiram, Kilpauk, Chennai - 600 010.
(Amended as per A.No.5580/2025 vide order
dated 13.11.2025) (Petitioners 6 to 9 brought on record as legal heirs of the deceased 5th petitioner and petitioners 10 and 11 brought on record as legal heirs of the deceased 1st petitioner as per order dated 13.11.2025 in A.No.5579 and 5580/2025 in O.P.No.94/2025) ..Petitioner(s) Vs No Respondent Nil ..Respondent(s) Prayer : Original Petition filed under Sections 232 and 276 of the Indian Succession Act for grant Letter of Administration with the Will annexed to the properties and credits of deceased may be granted to the petitioners as the beneficiaries under the Will of deceased to have effect throughout the State of Tamil nadu. Gross Amount of Rs.50,00,000/- and Net Amount of Rs.50,00,000/- Suc.duty of Rs.25,000/- paid on 07.03.2025 by C/F D.No.9167/2025.
For Petitioner(s):
Mr..R.Ravichandran
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 of late S. Ambujam.
2. The case of the petitioners is that the deceased S. Ambujam, daughter of Solomon Subramaniam, was ordinarily residing at No.5/6, Kalki Nagar Main Road, Arumbakkam, Chennai - 600 106, and died on 17.03.2024. The petitioners have specifically stated that the testatrix died as a spinster.
3. The petitioners have also stated that the schedule property came to the testatrix through her brother Swamikannu. According to the petitioners, Swamikannu died on 11.03.2007 leaving no children, and his wife Tmt. Palaniammal had predeceased him on 17.01.2001. It is further stated that S. Ambujam inherited the property from her brother Swamikannu and that Letters of Administration in respect of Swamikannu's estate were granted to S. Ambujam in O.P.No.553 of 2013 by order dated 07.12.2013.
4. The petitioners further state that the other siblings of the testatrix, namely, S. Thulasi, S. Gangadaharan, D.S. Vedhabooshanan and S. Arumugam, passed away on 24.11.1995, 10.07.1991, 18.11.2007 and 14.02.1987, respectively. The only sister of the deceased, Tmt. S. Nagabooshanam, was married to Thiru Govindaraj and died on 23.07.2009 without leaving any children. Her husband, Thiru Govindaraj, had predeceased her on 02.06.1954.
5. The petitioners state that S. Ambujam executed her last Will and Testament on 24.09.2010 at Chennai in respect of the schedule mentioned
property. The Will was registered as Document No.98 of 2010 on the file of the Sub-Registrar, Kodambakkam.
6. The beneficiaries under the Will are stated to be the petitioners, namely, (i) A. Srinivasan, son of late Arumugam, (ii) A. Thiruvengadam, son of late Arumugam, (iii) Gajalakshmi, daughter of late Arumugam, (iv) G. Balasubramani, son of late Gangadaharan, and (v) Munusamy, son-in-law of late Gangadaharan. During the pendency of the petition, the first petitioner A. Srinivasan and the fifth petitioner Munusamy died, and their legal representatives were brought on record pursuant to the orders passed in A.Nos.5579 and 5580 of 2025. The amendment has also been carried out.
7. The petitioners have further stated that the deceased had appointed A. Pushpakantha as the executor under the Will, but the said executor died on 19.06.2020 without proving the Will. Hence, the present petition has been filed for grant of Letters of Administration with the Will annexed.
8. Since there was no respondent in the petition, this Court directed general paper publication. Paper publication was effected in one issue of Tamil daily "Malai Tamizhagam" dated 17.12.2025 and in one issue of English daily "Trinity Mirror" dated 29.12.2025. The learned Master has recorded that service was completed by paper publication and that no objection was raised.
9. Before the learned Master, the third petitioner Gajalakshmi was examined as P.W.1. She marked Exs.P1 to P22. Ex.P1 is the original Will dated 24.09.2010 executed by S. Ambujam. Ex.P3 is the death certificate of S. Ambujam. Ex.P5 is the death certificate of the executor A. Pushpakantha. Ex.P20 and Ex.P21 are the paper publications. Ex.P22 is the certificate under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023.
10. The attesting witness A. Balamurugan was examined as P.W.2. He has deposed that he is the second attesting witness to Ex.P1 Will; that S. Ambujam executed the Will on 24.09.2010; that she was in a sound state of mind at the time of execution; that the signatures found in Ex.P1 are those of S. Ambujam; that he signed the Will as an attesting witness in the presence of the testatrix; that the testatrix signed the Will in his presence; and that one Jesintha Marceline signed as the first attesting witness. He has also stated that he was one of the identifying witnesses at the time of registration of the Will. The evidence of P.W.2 satisfies the requirements of due execution and attestation of the Will.
11. This Court, by order dated 17.06.2026, directed the petitioners to file an affidavit clarifying whether Thulsi and Vedhabooshanam had any legal heirs. The petitioners, by affidavit dated 15.06.2026, have clarified that both of them died issueless. There is no caveat or objection. Therefore, the petitioners, being
the beneficiaries under the Will, are entitled to the grant of Letters of Administration with the Will annexed.
12. The petitioners have stated that the value of the estate likely to come into their hands is Rs.50,00,000/-. They have also undertaken to administer the estate, to file a true and full inventory within six months from the date of grant, and to render true accounts within one year.
13. Accordingly, this Original Petition is allowed. There shall be a grant of Letters of Administration with the Will annexed dated 24.09.2010 in favour of the petitioners, limited throughout the State of Tamil Nadu.The petitioner shall execute security bond for a sum of Rs.25,000/- each in favour of the Assistant Registrar concerned and shall file a full and true inventory within six months from the date of grant and a true account within one year thereafter. 24-06-2026 Index: Yes/No Speaking/Non-speaking order Petitioner Side Witnesses :
P.W.1 Ms.S.Gajalakshmi P.W.2 Ms.A.Balamurugan
Petitioner Side Documents :
Ex.P.1 : Original Will of Late S.Ambujam dated 17.03.2021 Ex.P.2 : Computer generated death certificate of D.S.Swamikkannau Ex.P.3 : Computer generated death certificate of Ambujam Ex.P.4 : Copy of Letter of Administration Certificate in O.P.No.553 of Ex.P.5 : Computer generated death certificate of A.Pushpakantha Ex.P.6 : Copy of the letter dated 17.12.1972 sent by the Arumbakkam Harijan Co-op. Building Society Limited to Mr.S.Samikannu Ex.P.7 : Copy of Aadhar Card of Mr.Srinivasan Ex.P.8 : Copy of Aadhar Card of Mr.Thiruvengadam Ex.P.9 : Copy of Copy of Aadhar Card of Mrs.Gajalakshmi Ex.P.10 : Copy of Aadhar Card of Mr.Balasubramani G Ex.P.11 : Copy of Aadhar Card of Mr.Munusamy Ex.P.12 : Copy of Aadhar Card of Mrs.Selvi Ex.P.13 : Computer Generated death Certificate of Mr.Munusamy Ex.P.14 : Copy of Aadhar Card of Mr.Parthiban Ex.P.15 : Copy of Aadhar Card of Ms.Manjula Ex.P.16 : Copy of Aadhar Card of Ms.Saranya Ex.P.17 : Copy of Aadhar Card of Mrs.Jayanthi Ex.P.18 : Computer generated death certificate of Mr.A.Srinivasan Ex.P.19 : Copy of Aadhar Card of Ms.S.Sathi Rajeswari
Ex.P.20 : Copy of Paper publication effected in Tamil daily 'Maalai Tamizhagam' dated 17.12.2025 Ex.P.21 : Copy of Paper publication effected in English daily 'Trinity Mirror' dated 29.12.2025 Ex.P.22 : Certificate filed under section 63 [4] [C] of BSA for electronic documents 24.06.2026 vrc
DR.A.D.MARIA CLETE, J.
vrc 24-06-2026