Madras High Court
OP/35/2026 of E.Chandrasekeran Vs E.Hariharan and 3 others on 16 October 2026
OP No. 35 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 35 of 2026
CNR: {HCMA011295092023}
E.Chandrasekeran
S/o. Late Ekambaram
Door No.1240-C,
61st Street, TNHB, Korattur,
Chennai 600 080.
..Petitioner(s)
Vs
1. E.Hariharan
S/o. Late Ekambaram,
Door No.1240-C,
61st Street, TNHB, Korattur,
Chennai 600 080.
2. E.Ramamurthy
S/o. Late Ekambaram,
Door No.1240-C,
61st Street, TNHB, Korattur,
Chennai 600 080.
3. E.Rekha
D/o. Late Ekambaram,
Door No.1240-C,
61st Street, TNHB, Korattur,
Chennai 600 080.
4. Pavithra
D/o. Late Maheswaran,
A-F2, Kala Flats,
14, Kattabomman Street,
R.A.Puram, Chennai 600 028.
..Respondent(s)
PRAYER: This Original Petition is filed for Probate with the Will annexed under Section 222 and 276 of the Indian Succession Act XXXIX of 1925 read with ORDER XXV Rule 4 of the Original Side Rules, 1956, to permit the
OP No. 35 of 2026
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petitioner to prove the Will in common form and that probate thereof to have effect limited to the State of Tamil Nadu may be granted to him.
For Petitioner(s):
Mr.K.THIRUVENGADAM
For Respondent(s):
Mr.R.K.Gandhi
ORDER
The petitioner has filed the present Original Petition seeking for the grant of Probate of last Will and testament of late G.Ekambaram, dated 14.11.2007 in the presence of two witnesses, B.P.Pandey and K.G.Subramaniyan.
2. I have heard Mr.K.Thiruvengadam, learned counsel for the petitioner and Mr.R.K.Gandhi, learned counsel for the respondents.
3. The learned counsel for the petitioner invites my attention to the factum of the death of the testatrix, Ekambaram on 18.08.2016, leaving behind a registered Will dated 14.11.2007 in Doc. No.43 of 2007. The deceased testatrix left behind the petitioner, the respondents 1 to 3 and daughter of his deceased son viz., Maheswaran, the 4th respondent as legal heirs. The respondents 1 to 4 have already given their consent affidavits, expressing no objection for the grant of Probate in favour of the petitioner, who has been appointed as the sole executor under the said Will.
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4. Pursuant to the orders of this Court, P.W.2, Mr.S.Ravi Chander, whose evidence I found to be unsatisfactory and not in full compliance of the requirements of law, which I had directed physical presence of P.W.2, today, P.W.2 is present. The original Will was shown by me to P.W.2 and he has identified the signature of the Testator and also the signature of the attesting witnesses. On personal enquiries with the witness, I am satisfied that the evidence of the P.W.2 inspires confidence that the signatures found in the registered Will marked as Ex.P1 dated 14.11.2007 are true and genuine and that it has been duly executed and attested in the manner known to law. P.W.2, is in fact, none else than the Testator's daughter in law's own brother. The petitioner has already entered the witness box as P.W.1 and marked Ex.P1 to Ex.P8.
5. The original Will is available before this Court and the death certificate of G.Ekambaram is also filed along with the petition. On going through the proof affidavit of P.W.1 and the oral evidence, the documents adduced and also the personal examination of P.W.2 and the affidavit of the attesting witness also being in compliance with the requirements of Section 63(c) of the Indian Succession Act r/w Section 67 of BSA (Section Section 68 of the Indian Evidence Act), I am satisfied that the Will has been duly proved in the manner required under law. In the light of the above, I am inclined grant Probate, as prayed for.
OP No. 35 of 2026
P.B.BALAJI, J.
5. In fine, the Original Petition is Ordered, as prayed for and the Registry is directed to issue Probate with the Will dated 14.11.2007 of late G.Ekambaram annexed, to the petitioner. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP OP No. 35 of 2026
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