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Judgment
O R D E R
This Original Petition has been filed under Sections 232 and 276 of the Indian Succession Act, 1925, seeking grant of Letters of Administration with the Will annexed in respect of the Last Will and Testament dated 09.02.2023 executed by late A.B. Dhanasekar.
The petitioner, D. Jayendran, is the son of the deceased. The first respondent, D. Chamundeeswari, is the wife of the deceased and the second respondent, Kamala, is his mother. The deceased died on 01.03.2025 at Chennai.
According to the petitioner, the deceased executed an unregistered Will dated 09.02.2023 at Chennai. No executor was appointed under the Will and the petitioner, who is the son of the testator, is stated to be the sole beneficiary thereunder. The estate consists of the properties described in Schedules A to C to the petition and has been valued at Rs.1,77,16,400/-.
Both the respondents have filed their respective consent affidavits, stating that they have no objection to the grant of Letters of Administration with the Will annexed in favour of the petitioner. General paper publication was also effected in the English daily “Southern Mail” dated 09.05.2026 and the Tamil daily “Dina Kural” dated 16.05.2026. No objection was received pursuant to the publication.
The petitioner was examined as P.W.1 and 15 documents were marked as Exs.P1 to P16, including the original Will dated 09.02.2023 marked as Ex.P1; the death certificate of the deceased marked as Ex.P2 and the Legal Heirship Certificate marked as Ex.P3 shows that the petitioner and the two respondents are the legal heirs of the deceased.
R. Mallika, the first attesting witness, was examined as P.W.2 and photocopy of her Aadhaar card was marked as Ex.P16. One R.R.Ashmita, the second attesting witness, was examined as P.W.3 and photocopy of her Aadhaar card was marked as Ex.P17. Both have spoken to the execution and attestation of Ex.P1 Will and have stated that the testator signed the Will in their presence, that they signed as attesting witnesses at his request and that the testator was in a sound state of mind and in good health at the time of execution.
On consideration of the pleadings, the consent affidavits filed by both the respondents, and the oral and documentary evidence, particularly the evidence of both the attesting witnesses, this Court is satisfied that the Will dated 09.02.2023 was duly executed and attested.
Accordingly, this Original Petition is allowed. Letters of Administration with the Will dated 09.02.2023 annexed shall issue in favour of the petitioner, D. Jayendran, in respect of the estate described in Schedules A to C to the petition, subject to compliance with the usual formalities. The petitioner shall file a full and true inventory of the estate within six months and render true accounts within one year from the date of grant. No costs.
21-09-2026
GSA Petitioner's witness: P.W.1 – D.Jayendran P.W.2 – R.Mallika P.W.3 – R.R.Ashmita Documents exhibited by the petitioner: