Madras High Court
Surekha Prakasam vs Mrs.B.Mahalakshmi on 21 November, 2025
TOS No. 20 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-11-2025
CORAM
THE HON'BLE DR.JUSTICE R.N.MANJULA
TOS No. 20 of 2024
Surekha Prakasam
W/o.Late Prakasam, No.19/9, Mahalakshmi Street,
T.Nagar, Chennai - 600 017.
..Petitioner
Vs
1.Mrs.B.MAHALAKSHMI ..Respondent(s)
D/o Late P.S.Raghunandan, Heritage Apartments,
C-103, 1st Floor,
Sivan Kovil Road, Thiruverkadu,
Chennai - 77
2.Mr.P.R.Sreedhar
S/o Late P.S.Raghunandan,
Door No.18/2, 57th Street,
Ashok Nagar,
Chennai 83.
3.Mrs.R.Sujatha
W/o.Devaprasad &
D/O LATE P.S.RAGHUNANDAN,
NO.435, BALAJI GOKUL,4TH A MAIN
WEST OF CHORD ROAD, II STAGE,
MAHALAKSHMI LAYOUT,
BENGALARU - 560 086.
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TOS No. 20 of 2024
4.S.R.Vasanth Krishnan
S/o.Late P.S.Raghunandan, No.19/9, Mahalakshmi
Street, T.Nagar, Chennai - 600 017.
PRAYER- This petition is filed under Section 232 and 276 of the Indian
Succession Act and Order XXV, Rule 5 of the Original Side Rules, seeking
Letters of Administration with Will dated 24.9.2005 annexed of the properties
and credits of the deceased, may be granted to the petitioner as the
daughter/beneficiary of the deceased having effect throughout the Union of
India.
For Petitioner: M/s.S.Thanka Sivan
For Respondents: M/S.RADHINI V
JUDGMENT
This Testamentary Original Suit has been filed under Sections 232 & 276
of the Indian Succession Act, 1925 (Act XXXIX of 1925) and under Order
XXV, Rule-5 of Original Side Rules seeking Letters of Administration with
respect to a Will dated 24.09.2005 executed by R.Susila, the mother of the
petitioner, who died on 19.06.2008.
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2. The original Will dated 24.09.2005 is marked as Ex.P2. Ex.P3 and
Ex.P4 are the death certificate and legal heirship certificate of R.Susila/mother
of the petitioner respectively. The petitioner examined herself as P.W.1.
3. One of the attestors of the Will by name N.Sampath, filed affidavit and
stated that he has attested the Will along with one S.Ravikumar. He had further
stated that the testatrix R.Susila was in sound and disposing state of mind at the
time when the Will was executed. He also identified the signature of R.Susila
and stated that the testatrix had affixed her signature in his presence.
4.The respondents 1 to 3 have given their consent affidavit in favour of
the petitioner and the paper publication effected in one issue of Tamil daily
“Dinakural” on 14.12.2023 and one issue of English daily “National English
Daily” dated 21.12.2023 attracted no objectors.
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5. With the statement of P.W.1 and other documents in record, the
petitioner has proved that the Will has been executed in terms of Section 63(c)
of the Indian Succession Act and its genuineness is proved in accordance with
Section 68 of the Indian Evidence Act.
6. Hence, this Testamentary Original Suit is allowed by granting Letters
of Administration to the petitioner with the Will dated 24.09.2005 of R.Susila,
annexed thereto. Such Letters of Administration shall have effect throughout the
State of Tamilnadu. The petitioner is 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 petitioner is further
directed to file an inventory of assets and statement of accounts within a period
of six months and one year, respectively.
21-11-2025
Index: Yes/No (1/2)
Speaking/Non-speaking order
Neutral Citation: Yes/No
GSA
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APPENDIX
Petitioner's witness:
P.W.1 – Mrs.Sureka Prakasam
Documents marked:
Exhibits Documents
P1 Photocopy of the sale deed registered as document No.607
of 1963 in respect of item No.1 of the schedule mentioned
property dated 07.03.1963. (compared with original)
P2 The Original Will executed by the petitioner’s mother
R.Susila dated 24.09.2005. (in safe custody)
P3 The certified copy of the death certificate of the
petitioner’s mother R.Susila dated 30.06.2008.
P4 The certified copy of the legal heir certificate of the
petitioner’s mother R.Susila dated 23.01.2009.
P5 The photocopy of the Property Tax Card in favour of the
petitioner (Compared with original).
P6 The photocopy of the Water Tax Card in favour of the
petitioner (compared with original).
P7 The photocopy of the Electricity Card in favour of the
petitioner (compared with original).
21.11.2025
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gsa (1/2)
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DR.R.N.MANJULA, J.
GSA
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21-11-2025
(1/2)
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