Madras High Court
OP/282/2026 of Arun Rajkumar Fredrick Vs S.James Fredrick and 4 others on 14 October 2026
OP No. 282 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 282 of 2026
CNR: {HCMA010041702026}
Arun Rajkumar Fredrick
Old No.11 and 12 No.64 and 62 Harleys Road, Kilpauk, Chennai 600 010. Tamil Nadu, India.
..Petitioner(s)
Vs
1. S.James Fredrick
No.5/42, 3rd Floor, Maruthai Apartments, 13th Avenue, Harrington Road, Chetput, Chennai 600 031, Tamil Nadu, India.
2. Anand Pradeepkumar Fredrick
Permanent Address at No. N-25, C.R. Park, New Delhi 110 019, Also residing at No.5-A, Chesley Nilgiris Apartment, Ethiraj Salai, Egmore, Chennai 600 008, Tamilnadu, India.
3. Anita Mathew, Permanent Address at
Old No.11 and 12, New No. 64 and 62 Harleys Road, Kilpauk, Chennai 600 010.
Tamil Nadu, India.
Also Residing at
389 Washington Street, No.19E, Jersey City, New Jersey 07302, USA.
4. Aditya Arun
S/o. Arun Rajkumar Fredrick,
Old No.11 and 12
New No.64 and 62 Harleys Road,
Kilpauk, Chennai 600 010, Tamil Nadu, India.
OP No. 282 of 2026
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5. Akhil Arun, S/o. Arun Rajkumar Fredrick, Old No.11 and 12, New No.64 and 62 Harleys Road, Kilpauk, Chennai 600 010, Tamil Nadu, India.
..Respondent(s)
PRAYER: Original Petition is filed under Section 222(1) and 276 of the Indian Succession Act XXXIX of 1925 Read With Order XXV Rule 4 of the O.S.Rules, that the petitioner may be allowed to prove the last Will and Testament dated 17.09.2008 and the Codicil to the Last Will and Testament dated 25.02.2021 of late Mrs.Minnie Rajeswari Fredrick in common form and that Probate thereof to have effect throughout the State of Tamil Nadu may be granted to him. Gross amount of Rs.12,41,06,000/- and Net amount of Rs.12,40,81,000/- Suc.duty of Rs.25,000/- paid on 19.08.2026 by e-C/F
D.No.29524/2026.
For Petitioner(s):
M/s.C.R. PRASANAN
Mr.J.Maheswaran
For Respondent(s):
M/s.Abhinav Parthasarathy
Mr.Prahalad K.Bhat for R2
************
ORDER
The first respondent is the husband of the deceased testatrix, the second respondent is the son of the deceased testatrix. Both the respondents 1 and 2
OP No. 282 of 2026
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have filed caveat petition within the stipulated time under the Original Side Rules.
2. Learned counsel for the petitioner Mr.C.R.Prasanan strongly objects to the caveat of the first respondent stating that the first respondent has served on affidavit stating that he and his wife are divorced. In support of the affidavit, I find that the first respondent has asserted "It is trite to state that there my wife and I were divorced.".
3. Learned counsel for the petitioner Mr.C.R.Prasanan takes strong exception to the statement in paragraph 12 of the affidavit that has been served on the learned counsel for the petitioner which indicates otherwise. Unfortunately the copy that has been filed before this Court is not the copy that has been served on the petitioner. Therefore, I do not find fault on the part of the learned counsel for the petitioner in making such representation. Unfortunately, when a supporting affidavit has also been filed on 16.09.2026, in support of the caveat, this Court cannot conduct a roving enquiry.
4. Therefore, there is no prima facie in the contention of Mr.C.R.Prasanan, that the first respondent has no caveatable interest. Assuming that, if the first respondent and his wife have already been divorced, the second respondent who is the son of the deceased testatrix has also come forward to
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object to the grant in favour of the petitioner, as prayed for by filing caveat along with an objection affidavit. Though the petitioner has filed a reply, it is sufficient if a caveat is lodged and affidavit is filed within eight days.
5. The Registry is directed to convert the Original Petition to Testamentary Original Suit and proceed accordingly. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RNA
OP No. 282 of 2026
P.B.BALAJI, J. RNA OP No. 282 of 2026 14-10-2026
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