Allowed

G.Prethiveraj v. G.Thulasi Devi

Madras HC28 Jan 2026OP/200/2025

Case brief

AI extract

What is this about?

Grandson of a testator sought Letters of Administration with Will annexed under Sections 232 and 276 of the Indian Succession Act in respect of a Will dated 30.10.2008. The Will was proved through an attesting witness, paper publication drew no objection, and the respondent sister raised none.

What did the court decide?

Letters of Administration to the estates and credits of deceased N.Viswanathan granted, subject to security bond of Rs.25,000 and annual accounts.

G.Prethiveraj Vs G.Thulasi Devi — Succession and Inheritance | Madras HC (2026)

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OP No. 200 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 28-01-2026

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CORAM

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THE HON'BLE MR.JUSTICE P. DHANABAL

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OP No. 200 of 2025

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G.Prethiveraj S/o.Late V.Gajendiran, No.10/20, Karpagakanni Amman Koil, 4th Lane, Triplicane, Chennai 600 005.

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..Petitioner(s)

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G.Thulasi Devi W/o. S.Gubendran, No.80/1, Thirumalai Nagar Annex, 4th Cross Street, Perugudi, Chennai 600 096.

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..Respondent(s)

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PRAYER: The Original Petition has been filed under Section 232 and 276 of the Indian Succession Act and Order XXV Rule 5 of Original Side Rules praying to Grant a Letters of Administration with Will annexed dated 30.10.2008, to the petitioner who is the Grand Son of the Testator and Beneficiary under the Will of deceased N.Viswanathan having effect limited to the State of Tamil Nadu.

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

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OP No. 200 of 2025

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For Petitioner(s): M/s.K.Manikandan For Respondent(s): Sole Respondent - G.Thulasi Devi Succession Duty Paid AOS Filed Dno: 44999,dt: 26/11/2025

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ORDER

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This petition has been filed under Section 232 and 276 of the Indian Succession Act to grant Letters of Administration to the petitioner in respect of the Will dated 30.10.2008.

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According to the petitioner, Viswanathan, Son of P.Natesan is the owner of the property mentioned in the petition. The parents of the deceased Viswanathan predeceased him. The said Viswanathan died on 08.08.2010. His wife namely V.Rajammal also died on 23.12.2011. During the lifetime of the said Viswanathan, he executed a Will dated 30.10.2008. After the demise of Viswanathan, the Will came into effect. As per the Will, life interest was given to the wife of Viswanathan namely Rajammal and thereafter, the property has to go to her daughter Thulasi Devi on condition that she has to lookafter, manage and administer the property as Guardian of his grandson G.Prethiveraj, the petitioner herein and deliver the title, enjoyment and possession to him after completion of 21 years. After completion of 21 years, the petitioner can enjoy the property absolutely as his absolute property with power of alienation. The

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

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OP No. 200 of 2025

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petitioner included all the next of kin of the deceased Viswanathan. Therefore, filed this original petition for grant of Letter of Administration.

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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. Paper publication was also effected and there is no objection from any party. Thereafter, the case was posted for recording evidence and the evidence was also recorded. On the side of the petitioner, PW1 and PW2 were examined and Ex.P.1 to Ex.P.15 were marked.

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The petitioner herein, was examined as PW1. PW2, Mr.S.Gubendran, is one of the attesting witnesses in the Will dated 30.10.2008.

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A perusal of evidences of PW1 and PW2 and Ex.P.1 to Ex.P.15 revealed that the property belonged to the Testator Viswanathan and he executed a Will dated 30.10.2008 and he died on 08.08.2010 and the said Will has been proved through attesting witness PW2 and the respondent has also no objection to grant Letters of Administration in favour of the petitioner. The respondent is none other than the sister of the petitioner. She has no objection to grant Letters of Administration. Therefore, the petitioner is entitled to the relief as prayed for in the petition.

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

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OP No. 200 of 2025

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Accordingly, this Original Petition is allowed and Letters of

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Administration, to the estates and credits of the deceased N.Viswanathan in

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favour of the petitioner, is granted.

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Issue Letters of Administration in favour of the petitioner. The

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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.

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28-01-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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MTL

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APPENDIX:

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List of Petitioner side Witnesses:

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PW1 : Mr.G.Prethiveraj PW2 : Mr.S.Gubendran

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__________ Page4 of 7

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

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OP No. 200 of 2025

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List of Petitioner side Documents:

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Exhibit No.	Date	Description of Documents.
Ex.P.1.	25.05.1964	Photocopy of the Settlement Deed executed by P.Natesan Chettiyar and Thullukkana Chettiyar
Ex.P.2	28.01.1997	Computer generated Birth Certificate of Mr.G.Prethiveraj
Ex.P.3	22.06.2001	Computer generated Death Certificate of Kothainayaki
Ex.P.4.	03.07.2003	Computer generated Death Certificate of V.Gajendran
Ex.P.5	30.10.2008	Original Will and Testament executed by N.Viswananthan
Ex.P.6	08.08.2010	Computer generated Death Certificate of N.Viswananthan
Ex.P.7	06.09.2010	Photocopy of legal heirship certificate of N.Viswanathan
Ex.P.8.	23.12.2011	Computer generated Death Certificate of V.Rajam
Ex.P.9.	05.04.2018	Photocopy of the Cancellation of the Mortgage Deed
Ex.P.10	-	Photocopyof PW1’s Aadhar Card.
Ex.P.11	-	Downloaded copy of the Guideline value of theproperty.
Ex.P.12	-	Certificate under Section 63 of BSA for electronic documents.
Ex.P.13	-	Affidavit of assets showing the net value of estate as Rs.9,00,000/-
Ex.P.14 series (2 nos)	15.11.2025 and 23.11.2025	Copies of paper publication effected in one issue of Tamil daily “Makkal Kural” and one issue of English daily “Trinity Mirror” respectively.

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__________ Page5 of 7

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

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OP No. 200 of 2025

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Ex.P.15

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Photocopy of PW2’s Aadhar Card.

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28.01.2026

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__________ Page6 of 7

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

OP No. 200 of 2025

P.DHANABAL, J.

MTL

OP No. 200 of 2025

28-01-2026

__________ Page7 of 7

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

G.Prethiveraj v. G.Thulasi Devi

Case brief

What is this about?

What did the court decide?

G.Prethiveraj v. G.Thulasi Devi

Case brief

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What did the court decide?

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