Tamilarasi and 4 others Vs Sargunammal

PRAYER: Original Petition filed for Letters of Administration under Sections 232 and 276 of Indian Succession Act 1925, ACT XXXIX of 1925 and Order XXV Rule 5 of the Madras High Court Original Side Rules, 1956 for grant of Letters of Administration to the petitioners as nieces and nephew/beneficiaries under the Will of deceased V.Thanikachalam and to pass such further order.

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For Petitioner : Mr.J.Venkatesa Perumal

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For Respondents : No Appearance

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O.P.No.348 of 2024

ORDER

This Original Petition has been filed for issuance of Letters of Administration in respect of the Will dated 07.03.2014 executed by late V.Thanikachalam, who died on 25.04.2014. The petitioners are the beneficiaries under the said will, as the testator was a bachelor and has no other surviving legal heirs except the respondent who is his own sister’s daughter. The petitioners seek issuance of Letters of Administration in respect of the properties situated within the jurisdiction of this court. The respondents inspite of service of notice have remained absent and kept themselves away from their proceedings.

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The 1st petitioner has been examined as PW1. She has produced the death certificates of the Testator as Ex.P3. The Original registered will and testament dated 07.03.2014 as Ex.P2. The first attestor to Ex.P2 has been examined as PW2 and he produced his affidavit as Ex.P9. A paper publication has been made and any objections have not been received.

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The petitioners have examined Mr.C.Samy, who is the attesting

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witness to the said Will as PW2. He has spoken about the execution of the https://www.mhc.tn.gov.in/judis 2/5

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O.P.No.348 of 2024

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Will by the testator and its attestation by him.

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In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioners, in respect of the Will dated 07.03.2014 of the testator V.Thanikachalam. The petitioners are directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) in the name of the Assistant Registrar (Original Side) of this Court. The petitioners are further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively.

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05.02.2025

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Gba

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Index :Yes/No Speaking: Yes/ No

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Neutral Citation: Yes/No

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Petitioner's witness:

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P.W.1 —Mrs.Tamilarasi P.W.2 – Mr.C.Samy

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O.P.No.348 of 2024

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Documents exhibited by the petitioners:

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*Exhibits*	*Documents*
Ex.P1	Photocopy of the sale deed dated 21.01.2004, executed in favour of Mr.V.Thanikachalam(Compared with the original)
Ex.P2	Original registered Will and Testament dated 07.03.2014 executed byMr.V.Thanikachalam.
Ex.P3	Computergenerated death certificate of Mr.V.Thanikachalam
Ex.P4	Photocopy of PW-1's Aadhaar Card (Compared with the original)
Ex.P5	Affidavit of assets showing the net value of the estate as Rs.22,80,000/-
Ex.P6	Copy of the paper publication effected in one issue of Tamil daily“Makkal Kural” dated 12.08.2024
Ex.P7	Copy of the paper publication effected in one issue of English daily“TrinityMirror” dated 20.08.2024.
Ex.P8	Certificate under Section 65B of the Indian Evidence Act, 1872.
Ex.P9	PW-2's affidavit as the first attestor to Ex.P2
Ex.P10	Photocopy of PW-2's Aadhaar Card (Compared with the original