A.S. Balasubramanian And 3 Others v. T.P. Sankaranarayanan
P.DHANABAL, J.
The matter is listed today under the caption "for being mentioned" at the instance of the learned counsel for the petitioner. 2.The learned counsel for the petitioner brought to the notice of this Court that the order passed by this Court in O.P.No.58 of 2025 dated 11.09.2025, P.W.3's name in the list of petitioner side witnesses, has been wrongly typed as Mr.R.Munusamy instead of Mr.Dhanaraj. 3.This Court also perused the records.
4.The name of the P.W.3 is Mr.Dhanaraj, whose name has been wrongly typed as Mr.R.Munusamy, in the order dated 11.09.2025. Therefore, the aforesaid typographical error has now been corrected, Accordingly, the same has been corrected.
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P.DHANABAL, J.
kas 5.Registry is directed to carryout necessary correction in the order of this Court dated 11.09.2025, and issue a fresh order copy to the parties. 17.10.2025 kas Page No.2 of 9
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL OP No.58 of 2025 1.A.S.Balasubramanian S/o.Mr.A.N.Sankaran, 2.Mr.A.S.Ramakrishnan S/o.Mr.A.N.Sankaran 3.Mrs.S.Lalitha D/o.Mr.A.N.Sankaran
4. Mrs.K.Geetha D/o. Mr.A.N.Sankaran
...Petitioners
Vs.
T.P.Sankaranarayan
...Respondent
Prayer : Original Petition has been filed under Sections 232 and 276 of the Indian Succession Act (XXXIX of 1925) r/w Order XXV Rule 5 of the Original Side Rules praying to grant Letters of Administration with the Page No.3 of 9
Will annexed to the first petitioner, brother/one of the beneficiary under the Will of the deceased as having effect throughout the State of Tamil Nadu. For Petitioner(s) :
Mr.B.Srikumar For Respondent(s) :
Mr.K.Venkateswaran
ORDER
The original petition has been filed by the petitioners under Sections 232 and 276 of the Indian Succession Act and Order XXV Rule 5 of the Original Side Rules to grant Letters of Administration with the Will annexed in the petition to the first petitioner as brother/one of the beneficiaries under the Will of the deceased as having effect throughout the State of Tamil Nadu.
2. According to the petitioners, the deceased, Mrs.Chitra/testatrix, when she was alive, executed a Will dated 22.04.2022 in favour of the petitioners. Thereafter, the testatrix died on 04.07.2024. The respondent is the husband of the testatrix and he has no objection and also filed a consent affidavit to grant Letters of Administration in favour of the first petitioner. Page No.4 of 9
After the demise of the said Mrs.Chitra/testatrix, the Will came into effect. Hence, the petitioners filed this petition.
3. After the filing of this petition, this Court directed the petitioners to effect paper publication and the same was effected and thereafter no objection was received from any party. Thereafter, the case was posted for recording evidence and the evidence was also recorded. On the side of petitioners, P.W.1 to P.W.3 were examined and Exs.P1 to P5 were marked and Exs.C1 to C7 were also marked. The original Will dated 22.04.2022 executed by Mrs.Chitra has been marked as Ex.P3.
4. P.W.1 is one of the petitioners. P.W.2 and P.W.3 are the attesting witnesses who deposed about the execution and attestation of the Will. Therefore, the execution and attestation of the Will are duly proved in accordance with law. There is no rival claim against the Will. The petitioners 2 to 4 and the respondent have no objection and filed consent affidavits to issue Letters of Administration in favour of the first petitioner. As per the Will, the first petitioner is one of the beneficiaries. Hence, the Page No.5 of 9
first petitioner is entitled to the relief as prayed for in this petition.
5. Therefore, this Original Petition is allowed and Letters of Administration in respect of the Will dated 22.04.2022 executed by Mrs.Chitra/testatrix (deceased), W/o. Mr.T.P.Sankaranarayanan, in favour of the first petitioner, is granted.
6. Issue Letters of Administration in favour of the first petitioner. The first petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The first 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.No.II), High Court of Madras. The first petitioner is further directed to render true and correct accounts once a year. 11.09.2025 dk Index : Yes/No Speaking Order : Yes/No Page No.6 of 9
List of Petitioner side Witnesses:
P.W.1 : Mr.Balasubramaniam P.W.2 : Mr.G.Chandrasekar P.W.3 : Mr.R.Munusamy List of Petitioner side Documents:
Ex.P1 : The photocopy of the unregistered memorandum of agreement executed between Natesan and others and Mrs.Chitra dated 30.11.1988.
Ex.P2 : The photocopy of the Sale Deed in favour of Mrs. S.Chitra, Doc.No.532/1990 on the file of the Sub Register, Adyar, dated 11.01.1990.
Ex.P3 : The original Will executed by Mrs. Chitra registered as Doc.No.18/2022 BK.III SRO, Adyar, dated 22.04.2022. Ex.P4 : The online copy of the death certificate of Mrs. Chitra (Date of death 04.07.2024), dated 19.07.2024. Ex.P5 : The affidavit of assets.
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List of Court Documents:
Ex.C1 : The consent affidavit of A.S.Ramakrishnan, dated 24.11.2024.
Ex.C2 : The consent affidavit of Lalitha, dated 24.10.2024. Ex.C3 : The consent affidavit of Mrs.K.Geetha dated 24.11.2024.
Ex.C4 : The attesting witnesses affidavit of Mr.Dhanaraj, dated 24.11.2024.
Ex.C5 : The attesting witnesses affidavit of Mr.G.Chandrasekar, dated 24.11.2024.
Ex.C6 : The paper publication of Tamil News Paper "Makkal Kural" dated 22.05.2025.
Ex.C7 : The paper publication of English daily "Trinity Mirror" dated 30.05.2025.
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P. DHANABAL,J.
dk OP No.58 of 2025 11.09.2025 Page No.9 of 9