S. Prabavathy v. J. Nandakumar And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2025 CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL S. Prabavathy W/o. Late J. Santhanakrishnan ... Petitioner Vs
1. J. Nandakumar S/o. Late A. Jayaram Naidu
2. N. Damodaran S/o. J. Nandakumar
3. S. Vidyalakshmi W/o. P. Srikrishna and D/o. J. Nandakumar ... Respondents 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 to the Will annexed with the petition, as mother / life interested under the Will of the deceased having effect throughout the State of Tamil Nadu.
For Petitioner :
Mr. M. Kamalakannan For Respondent :
Ms. A. Sumathi Page No.1 of 7
ORDER
This petition has been filed under Section 232 and 276 of the Indian Succession Act to grant Letters of Administration to the petitioner to the estates and credits of the deceased having effect throughout 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 there is no any objection from any party. Thereafter, the case was posted for recording evidence and the evidence was also recorded. On the side of the petitioners, PW1 and PW2 were examined and Ex.P.1 to Ex.P.12 were marked.
3. According to the petitioner, the petitioner is the wife of one Mr. J. Santhanakrishnan S/o. Late A. Jayaram Naidu and he died leaving his wife, brother, brother's son and daughter as his surviving legal heirs on Page No.2 of 7
22.08.2024. The deceased J. Santhanakrishnan and his wife, who is the petitioner herein, have no issues. At the time of death, the deceased Mr. J. Santhanakrishnan, left his property at Chennai. During his life time, the deceased had executed the Will dated 31.07.2024, in the presence of attestors namely Dr. P. Sridhar and Dr. V.A. Gunasekaran, giving life interest to his wife and to his brother, the 1st respondent and after their lifetime, to the son of the 1st respondent. No executor was appointed as per the Will. The mother of the deceased J. Santhanakrishnan predeceased him on 10.09.1998 and his father died on 17.09.2003. The petitioner and the respondents are the only surviving legal heirs and there is no other next of kin to the deceased. The total value of the assets would come around Rs.40,00,000/-.
5. The petitioner herein, was examined as PW1. He has deposed that she is the wife of the deceased J. Santhanakrishnan and reiterated the petition averments. PW2, Dr. P. Sridhar, is one of the attesting witnesses in the Will. He has deposed that the testator had executed a Will dated 31.07.2024 and he Page No.3 of 7
was also present along with the testator at the time of execution of Will. He has signed as first attestor to Ex.P.1 Will in the presence of the testator and the 2nd attesting witness is Dr. V.A. Gunasekaran. He has also identified the signatures of the attestors and testator in the Will. A perusal of evidences of PW1 and PW2 and Ex.P.1 to Ex.P.12 revealed that the petitioner and the respondents are the legal heirs of the deceased and no any objection has been raised either by any of the respondents or any other party to grant letter of administration to the petitioner. The respondents have also filed their consent affidavits to grant letter of administration in favour of the petitioner. Therefore, the petitioner, through the evidences and documents, has amply proved the execution of Will. Therefore, the petitioner is entitled to the relief as prayed for in the petition.
6. Therefore, this Original Petition is allowed and Letter of Administration, to the estates and credits of the deceased Mr. J. Santhanakrishnan in favour of the petitioner, is granted.
7. Issue Letters of Administration in favour of the petitioner. The Page No.4 of 7
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.
25.10.2025 Index :
Yes/No Speaking Order :
Yes/No mjs APPENDIX:
List of Petitioner side Witnesses:
PW1 :
Mrs. S. Prabavathy PW2 :
Dr. P. Sridhar List of Petitioner side Documents:
Page No.5 of 7
Exhibit No.
Date Description of Documents.
Ex.P.1. 31.07.2024 Original Will executed by Mr. J. Santhanakrishnan.
Ex.P.2 - Computer generated Death Certificate of Ms. J. Visalakshi.
Ex.P.3 - Computer generated Death Certificate of Mr. A. Jayaram Naidu.
Ex.P.4.
- Computer generated Legal Heirship Certificate of Mr. J. Santhanakrishnan.
Ex.P.5 - Computer generated Death Certificate of Mr. J. Santhanakrishnan.
Ex.P.6 30.06.2022 Photocopy of the Partition Deed. Ex.P.7 - Affidavit of Assets showing the net value of the estate for a sum of Rs.40,00,000/-.
Ex.P.8.
- Certificate under Section 63(4) of B.S.A.
Ex.P.9. 17.08.2025 Copy of the paper publication effected in one issue of Tamil daily "Makkal Kural".
Ex.P.10 .
26.08.2025 Copy of the paper publication effected in one issue of English daily "Trinity Mirror".
Ex.P.11 - Affidavit of PW2.
Ex.P.12 - Photocopy of Aadhar Card of PW2.
25.10.2025 P.DHANABAL.,J Page No.6 of 7
mjs 25.10.2025 Page No.7 of 7