Allowed

P.Mohana and 2 Others v. M.Girija and 3 Others

Madras HC24 Jul 2026OP/373/2022

Case brief

AI extract

What is this about?

The Court allowed an Original Petition for grant of Letters of Administration with the Will annexed. The Court found that the Will was duly executed and attested by the deceased and that the petitioners, as beneficiaries, were entitled to the grant in the absence of an appointed executor.

What did the court decide?

Letters of Administration with the Will annexed granted jointly to petitioners.

P.Mohana and 2 Others Vs M.Girija and 3 Others — Succession and Inheritance | Madras HC (2026)

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OP No. 373 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24-07-2026

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CORAM

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THE HON'BLE DR.JUSTICE A.D.MARIA CLETE

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OP No. 373 of 2022

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P.Mohana and 2 Others W/o.Subramanyan, D/o.T.M.Poruran, No.1, Guruvappa Garden, Old Washermenpet, Chennai - 600 021.

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S.Dhanalakshmi D/o.Subramanyan, Represented by Power Agent Mr.Subramanian, No.1, Guruvappa Garden, Old Washermenpet, Chennai - 600 021.

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Samruth Beevi

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D/o.Jafffer, 176, 3rd Cross Street, Sakthi Ganapathi Nagar, Thiruvottiyur, Chennai - 600 019.

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..Petitioner(s)

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M.Girija and 3 Others W/o.Mohammed, No.70, Thalayari Street, Alathur, Thiruporur, Kancheepuram - 603 110.

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V.Vijaya W/o.Veeramani, No.46, Mettu Street, Kundrathur, Chennai - 600 069.

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P.Patturoja W/o.Poruran, No.1/47, Main Road, Ennangudi Post, Puttagaram, Nagapattinam - 609 701.

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__________ Page1 of 8

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

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OP No. 373 of 2022

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Navaneethammal W/o.R.M.Raji Mudalior, No.70, Thengoor Selva Vinayagar Koil Street, Mylapore, Chennai - 600 004.

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..Respondent(s)

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OP No. 373 of 2022

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That Letters of Administration with Will annexed to the Properties and Credits of R.Mannappan may be granted to them as the Beneficiaries/Legatees under the Will of the said deceased having effect throughout the State of Tamil Nadu Gross Amount Rs.46,00,000/- and Net Amount Rs.46,00,000/- Suc.duty of Rs.25,000/- paid on 15.11.2022 by C/F D.No.32678/2022.

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OP No. 373 of 2022

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For Petitioners: M/s.Vijayakumari Natarajan R.Krishnamurthy For Respondent(s): RR1, 2 & 4 – No appearance. R3-court Notice-return/unserved-(deceased)

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Order

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This Original Petition has been filed seeking grant of Letters of Administration with the Will annexed in respect of the last Will and Testament

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dated 20.12.2020 executed by late R. Mannappan.

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The petitioners state that R. Mannappan died on 11.03.2021 at

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Chennai. His wife, P. Ramanibai, had predeceased him on 08.01.2018 and the

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deceased had no children. Since no executor was appointed under the Will, the

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Page2 of 8

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

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OP No. 373 of 2022

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petitioners, claiming to be the beneficiaries/legatees thereunder, have sought the present grant.

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The estate covered under the Will is the property, measuring a total extent of 540 sq.ft., consists of a residential building comprising the ground floor and three upper floors.Under the Will, the ground floor was bequeathed to the first respondent, M. Girija, for her lifetime and thereafter absolutely to the third petitioner, Samruth Beevi. The first floor was bequeathed to the first petitioner, P. Mohana, for her lifetime and thereafter absolutely to the second petitioner, S. Dhanalakshmi. The second floor was bequeathed to the second respondent, V. Vijaya, for her lifetime and thereafter absolutely to the second petitioner. The third floor was bequeathed absolutely to the third petitioner.

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The gross and net value of the estate has been stated as Rs.46,00,000/-.

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The petitioners have undertaken to duly administer the estate and to file the inventory and accounts within the prescribed period.

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The Original Petition was earlier dismissed for default on 02.11.2023.

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The Original Petition was thereafter restored to file by order dated 28.06.2024.

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Page3 of 8

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

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OP No. 373 of 2022

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As respondents 1, 2 and 4 could not be served in the ordinary course, substituted service was ordered in A.No.1411 of 2025 and paper publication was effected on 16.04.2025 .Insofar as the third respondent, P. Patturoja, is concerned, the petitioners filed a memo stating that she died on 16.01.2022 and that her legal heirs, namely, the first petitioner and the first respondent, were already on record. The said memo was recorded by order dated 25.09.2025, and the names of respondents 1, 2 and 4 were directed to be printed pursuant to the order dated 25.09.2025.

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General Paper publications were effected in the English daily “Trinity

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Mirror” dated 06.12.2025 and the Tamil daily “Makkal Kural” dated 13.12.2025. Despite publication, none appeared to oppose the petition. No caveat or objection has been received.

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The first petitioner, P. Mohana, examined herself as P.W.1 and reiterated the averments contained in the petition. She marked Exs.P1 to P13. Exs.P1 and P2 are the original release deed dated 08.04.1985 and sale deed dated 26.04.1990 relating to the estate. Exs.P3 and P6 are the death certificates of P. Ramanibai and R. Mannappan respectively. Ex.P4 is the legal heirship certificate of P. Ramanibai and Ex.P5 is the original Will dated 20.12.2020.

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Page4 of 8

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

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OP No. 373 of 2022

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The two attesting witnesses to the Will were examined as P.Ws.2 and

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P.W.2, K. Vasu, deposed that the testator executed Ex.P5 Will in his presence and in the presence of P.W.3, V. Vishwa, while in a sound and disposing state of mind, and that both the witnesses attested the Will at the request and in the presence of the testator. P.W.3, V. Vishwa, corroborated the said evidence and confirmed that the testator signed the Will in the presence of both the attesting witnesses, who thereafter signed the same in the presence of the testator.The evidence of P.Ws.2 and 3 is clear and consistent and establishes the due execution and attestation of Ex.P5 Will.

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On consideration of the oral and documentary evidence, this Court is satisfied that Ex.P5 is the last Will and Testament of late R. Mannappan and that it was executed by him while he was in a sound and disposing state of mind. As no executor was appointed under the Will, the petitioners, being the beneficiaries/legatees thereunder, are entitled to Letters of Administration with the Will annexed.

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Accordingly, this Original Petition is allowed . Letters of

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Administration with the Will annexed shall be granted jointly in favour of the petitioners in respect of the Will dated 20.12.2020 executed by late R.

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Page5 of 8

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

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OP No. 373 of 2022

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Mannappan, having effect throughout the State of Tamil Nadu. The petitioners shall each execute an administration 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 shall file a full and true inventory of the estate and credits of the deceased within six months from the date of grant and shall render true and proper accounts within one year from the date of grant.

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There shall be no order as to costs. Consequently, connected applications, if any, are closed.

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24-07-2026

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

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JRS

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__________ Page6 of 8

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

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OP No. 373 of 2022

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Petitioner's witness:

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P.W.1 – P.Mohana P.W.2 – K.Vasu P.W.3 – V.Vishwa

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Documents exhibited by the petitioner:

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*Exhibits*	*Documents*
Ex.P1	the original release deed Will dated 08.04.1985
Ex.P2	the Original sale deed dated 26.04.1990 executed by Mrs.Patturoja in favour of Mr.R.Mannappan.
Ex.P3	the computergenerated death certificate of Mrs. P.Ramanibai
Ex.P4	the Original legal-heirship certificate dated 26.03. 2018 in respect of Mrs.P.Ramanibai.
Ex.P5	the Original Will dated 202.12.2020 executed by Mr. Mannappan.
Ex.P6	the computergenerated death certificate of Mr.r.Mannappan.
Ex.P7	the photocopy of Mrs. P.Mohana Aadhar card. (compared with the original)
Ex.P8	the photocopy of the Aadhar card Mrs.Dhanalakshmi (compared with the original)
Ex.P9	the photocopy of the Aadhar coard Ms.J.Samruth beevi (compared with the original)
Ex.P10	the affidavit of assets showing the net value of the estate of Rs.46,00,000/-
Ex.P11	the certificate under Section 63(4)(c) of BSA for electronic documents.
Ex.P12	the copy of paper publication effected in one issue of English daily, “TrinityMirror”dated 06.12.2025.
Ex.P13	the copy of paper publication effected in one issue of Tamil Daily“Makkal Kural”dated 13.12.2025.

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24-07-2026

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jrs

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__________ Page7 of 8

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

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OP No. 373 of 2022

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DR.A.D.MARIA CLETE J.

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JRS

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OP No. 373 of 2022

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24-07-2026

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__________ Page8 of 8

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

P.Mohana and 2 Others v. M.Girija and 3 Others

Case brief

What is this about?

What did the court decide?

P.Mohana and 2 Others v. M.Girija and 3 Others

Case brief

What is this about?

What did the court decide?

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