Allowed

C.Natarajan and another v. No Respondent

Madras HC14 Nov 2025OP/136/2025

Case brief

AI extract

What is this about?

Petition for Letters of Administration to an unregistered Will of a deceased testator with no closer heirs. Paper publication drew no objection; attesting witnesses proved the Will. The Madras High Court granted Letters of Administration to the petitioners, subject to security bond and annual accounts.

What did the court decide?

Letters of Administration granted to the estates and credits of the deceased in favour of the petitioners, on security bond of Rs.25,000/- with annual accounting.

C.Natarajan and another Vs No Respondent — Succession and Inheritance | Madras HC (2025)

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O.P. No.136 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.11.2025

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CORAM :

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THE HONOURABLE MR.JUSTICE P.DHANABAL

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O.P. No.136 of 2025

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C. Natarajan

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C. Dillidurai ... Petitioners

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PRAYER: Original Petition is filed under Section 232 and 276 of the Indian

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Succession Act of 1925 read with Order XXV Rule 5 of the Original Side

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Rules praying to grant letters of Administration to the Will annexed with the

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petition, to the petitioners as nephews / beneficiaries of the deceased having

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effect limited to the State of Tamil Nadu.

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For Petitioners : Mr. K. Shankar

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ORDER

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This petition has been filed under Section 232 and 276 of the Indian

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Succession Act to grant Letters of Administration to the petitioners to the

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estates and credits of the deceased having effect limited to the State of Tamil Page No.1 of 7

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https://www.mhc.tn.gov.in/judis

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O.P. No.136 of 2025

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Nadu.

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After filing of this petition, this Court directed the petitioners to

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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,

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PW1 to PW3 were examined and Ex.P.1 to Ex.P13 were marked.

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According to the petitioners, one Mr M. Dayalan died on 14.01.2022

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and he executed an unregistered Will dated 14.01.2022 in the presence of witnesses namely Mr. E. Purushothaman and Mr. R. Mohan. The parents of

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the Testator predeceased him. The wife of the Testator also predeceased him

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on 23.01.2021. There are no issues to the Testator. The Testator was taken

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care by the petitioners herein. The petitioners are the second class legal heirs

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of the Testator and other than the petitioners, there are no other next of kin to

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the deceased. The amount of assets which are likely to come into the hands of Page No.2 of 7

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https://www.mhc.tn.gov.in/judis

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O.P. No.136 of 2025

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the petitioners is approximately Rs.1,25,00,000/-. As per the Will, there is no

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executor. The petitioners are the only surviving legal heirs and there is no

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other next of kin to the deceased.

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The 1st petitioner herein, was examined as PW1 and Ex.P.1 to Ex.P.13 were marked. He has deposed that he is the relative of the deceased

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and reiterated the petition averments and further stated that the deceased executed an unregistered Will dated 14.01.2022 in the presence of the attesting witnesses. The said attesting witnesses have been examined as PW2

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and PW3. They both deposed that the testator had executed a Will dated 14.01.2022 and they were also present along with the testator at the time of execution of Will. They have also identified the signatures of the attestors

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and testator in the Will. A perusal of evidences of PW1 to PW3 and Ex.P.1 to Ex.P.13 revealed that the petitioners are the legal heirs of the deceased and no

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any objection has been raised by any other party to grant letter of

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administration to the petitioners. Therefore, the petitioners, through the Page No.3 of 7

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https://www.mhc.tn.gov.in/judis

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O.P. No.136 of 2025 evidences and documents, have amply proved the execution of Will.

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Therefore, the petitioners are entitled to the relief as prayed for in the petition.

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Therefore, this Original Petition is allowed and Letter of

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Administration, to the estates and credits of the deceased Mr. M. Dayalan in

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favour of the petitioners, is granted.

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Issue Letters of Administration in favour of the petitioners. The

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petitioners are directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioners are also

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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),

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High Court, Madras. The petitioners are further directed to render true and

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correct accounts once in a year.

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14.11.2025

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Index : Yes/No Speaking Order : Yes/No mjs

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Page No.4 of 7

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https://www.mhc.tn.gov.in/judis

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O.P. No.136 of 2025

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APPENDIX:

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List of Petitioner side Witnesses:

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PW1 : Mr. C. Natarajan PW2 : Mr.E. Purushothaman PW3 : Mr. R. Mohan

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List of Petitioner side Documents:

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Exhibit	Date	Description of Documents.
No.
Ex.P.1.	14.01.2022	Original Will executed by Mr. M. D ayalan.
Ex.P.2	-	Computer generated Death Certificate of Mrs. D. Malliga
Ex.P.3	-	Computer generated Death Certificate of Mr. M. D ayalan.
Ex.P.4.	07.06.1971	Photocopy of the Sale deed
Ex.P.5	30.03.1992	Photocopy of the partition deed.
Ex.P.6	-	Photocopy of the Aadhar Card of PW1.
Ex.P.7	-	Photocopy of the Aadhar card of the 2^ndpetitioner.
Ex.P.8	-	Certificate filed by PW1 under Section 63(4) of BSA
Ex.P.9	-	Affidavit of assets showing the net value of the estate as Rs.1,25,00,000/-

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Page No.5 of 7

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https://www.mhc.tn.gov.in/judis

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Ex.P.10	^19.08.2025	O.P. No.136 of 2025 Copy of paper publication effected in one issue in Tamil daily “Dinakural”.
Ex.P.11	^19.08.2025	Copy of paper publication effected in one issue in English daily “Southern Mail”.
Ex.P.12	-	Photocopy of Aadhar card of PW2
Ex.P.13	-	Photocopy of Aadhar card of PW3

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14.11.2025

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Page No.6 of 7

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https://www.mhc.tn.gov.in/judis

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O.P. No.136 of 2025 P.DHANABAL.,J

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mjs

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O.P. No.136 of 2025

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14.11.2025

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Page No.7 of 7

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https://www.mhc.tn.gov.in/judis

C.Natarajan and another v. No Respondent

Case brief

What is this about?

What did the court decide?

C.Natarajan and another v. No Respondent

Case brief

What is this about?

What did the court decide?

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