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CDJ 2026 MHC 4940 print Preview print Next print
Court : High Court of Judicature at Madras
Case No : OP. No. 417 of 2022
Judges: THE HONOURABLE DR.(MRS) JUSTICE A.D. MARIA CLETE
Parties : D. Sam Pravinkumar Versus R. Jemima Jebakumar (Deceased) & Others
Appearing Advocates : For the Petitioner: K. Mohan, S. Dineshkumar, M/s. D.S.Ra.P. Pratap Singh, Advocates. For the Respondents: R7, D. Padmanabhan, M/s. M. Francis Xavier, Advocates, R1 to R6, No Appearance.
Date of Judgment : 10-07-2026
Head Note :-
Indian Succession Act, 1925 - Sections 232, Section 276 -
Summary :-
1. Statutes / Acts / Rules / Orders / Regulations, and Sections Mentioned:
- Sections 232 and 276 of the Indian Succession Act, 1925
- Order XXV Rule 5 of the Original Side Rules
- Section 65-B of the Indian Evidence Act

2. Catch Words:
Letters of Administration, Will, probate, attesting witness, consent affidavit, paper publication, legal heirship, estate valuation, security bond, inventory, account.

3. Summary:
The petitioner, a grandson and beneficiary under the will of the deceased A.R. Solomon, filed an original petition under the Indian Succession Act seeking letters of administration with the will annexed. The will dated 28‑02‑2000 was duly registered and attested by two witnesses, one of whom testified to the testator’s sound mind. All legal heirs and persons with a caveatable interest were impleaded, and each filed consent affidavits expressing no objection. The court verified the death certificates, heirship certificates, and other documentary evidence, and noted compliance with the required newspaper publication. Satisfied that the will was properly executed and no impediment existed, the court ordered the grant of letters of administration to the petitioner, subject to a security bond and the filing of inventory and accounts.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: That LETTERS OF ADMINISTRATION with the will dated 28.02.2000 annexed of the properties and credits of deceased may be granted to the petitioner as grandson/beneficiary under Will of the deceased Mr.A.R.Solomon limited to the State of Tamil Nadu Gross Amount Rs.25,00,000/- and Net Amount Rs.24,99,000/-)

1. This Original Petition has been filed under Sections 232 and 276 of the Indian Succession Act, 1925, read with Order XXV Rule 5 of the Original Side Rules, seeking the grant of Letters of Administration with the Will dated 28.02.2000 annexed, in respect of the estate of the late A.R.Solomon.

2. The petitioner's case is that the late A.R. Solomon died on 09.12.2002 at Mohan Nursing Home, Chennai, and was ordinarily resident at No. 12/1, Appadurai 2nd Street, Ayanavaram, Chennai. According to the petitioner, the deceased executed his last will on 28.02.2000 at Chennai, in the presence of two attesting witnesses, namely, K. Janakiraman and I. Ismail. The said Will was registered as Document No. 28 of 2000 in the office of the Sub-Registrar, Anna Nagar, Chennai. The testator did not appoint any executor under the Will. Accordingly, the petitioner, who is the grandson and beneficiary under the Will, has filed the present petition for the grant of Letters of Administration with the Will annexed.

3. The petitioner has stated that all kith and kin and persons with a caveatable interest in the testator's estate have been impleaded. The testator's wife, Suganthi Solomon, died on 23.10.2009. The testator's father and mother had predeceased him. One of the testator's daughters, Lilly Grace Ruban, died on 29.05.2020, and her husband, Ruban Immanuel, also died on 31.08.2020, leaving respondents 1 and 2. The other children of the testator have been impleaded as respondents 3 to 6. During the pendency of the petition, the first respondent, R.Jemima Jebakumar, also died, and her husband, Paul Dilip, was impleaded as the seventh respondent pursuant to the order passed in A.No.3461 of 2023.

4. The petitioner has further stated that the respondents have filed their consent affidavits, stating that they have no objection to the grant of Letters of Administration with the Will annexed in favour of the petitioner. The consent affidavit of the seventh respondent has also been filed, and it was recorded before the learned Master on 27.04.2026. Thus, all persons shown as the kith and kin / legal heirs of the testator, and all persons having a caveatable interest, have been brought on record, and there is no objection from any of them to the grant sought.

5. The estate is stated to consist of the schedule property described in the petition. The gross value of the estate is shown as Rs. 25,00,000/-, and the net value as Rs. 24,99,000/-. The petitioner has also stated that he learnt of the Will only in September 2021, and therefore there was a delay in presenting the petition.

6. To prove the petition, the petitioner examined himself as P.W.1. Through him, the following documents were marked: the death certificate of A.R.Solomon as Ex.P1; the original registered Will dated 28.02.2000 as Ex.P2; the legal heirship certificate of A.R.Solomon as Ex.P3; the death certificates of Suganthi Solomon, Lilly Grace and Ruban Immanuel as Exs.P4 to P6; the legal heirship certificate of Ruban Immanuel as Ex.P7; the death certificate of R.Jemima Jebakumari as Ex.P8; the property tax demand card along with the property tax receipt as Ex.P9; the certificate under Section 65-B of the Indian Evidence Act as Ex.P10; and the affidavit of assets as Ex.P11.

7. The petitioner also examined one of the attesting witnesses, K.Janakiraman, as P.W.2. P.W.2 has stated that he knew the testator for about 20 years before the testator's death and that he is the first attesting witness to Ex.P2 Will. He has further stated that the testator was in a sound state of mind and good health at the time of execution of the Will, and that the testator signed the Will in his presence and in the presence of I. Ismail, the other attesting witness. He has also stated that he was one of the identifying witnesses at the time of registration of the Will before the Sub Registrar Office, Anna Nagar. His Aadhaar card was marked as Ex.P12.

8. Earlier, this Court noted that paper publication had not been effected and directed the petitioner to take out paper publication in one English and one Tamil morning daily. Pursuant to that direction, paper publication was effected. No caveat or objection has been filed opposing the grant.

9. In a testamentary proceeding, this Court is required to determine whether the Will has been duly executed and proved in the manner known to law. In the present case, the original registered Will has been produced. One of the attesting witnesses has been examined and has given evidence of the Will's execution and attestation, as well as the testator's sound and disposing state of mind. The petitioner has also produced the necessary documents to prove the testator's death, the relationship between the parties, the deaths of the relevant legal heirs, and the value of the estate. Further, all the respondents, including the seventh respondent, who was impleaded as the legal heir of the deceased first respondent, have consented to the grant of Letters of Administration in favour of the petitioner.

10. In light of the above materials, this Court is satisfied that the Will dated 28.02.2000 has been duly proved and that there is no impediment to granting Letters of Administration with the Will annexed in favour of the petitioner.

11. Accordingly, this Original Petition is allowed. Letters of Administration with the Will dated 28.02.2000, annexed, shall be granted in favour of the petitioner, D.Sam Pravinkumar, limited to the State of Tamil Nadu in respect of the schedule property. 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 shall administer the deceased's estate in accordance with the law. The petitioner shall file a full and true inventory of the estate within six months from the date of receipt of the Letters of Administration and shall render a true and proper account within one year thereafter. No order as to costs. Consequently, connected applications, if any, stand closed.

 
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