OP/643/2025 of Priya Anand Vs Sri Kanchi Kamakoti Peetam and 2 others on 14 October 2026

ORDER

This Original Petition has been filed for grant of Probate of the last Will and testament of one Mrs.Gowri Kannan dated 11.03.2022, which is a registered Will in Doc.No.14 of 2022 on the file of the Sub Registrar, Madras South.

2. Heard the learned counsel for the parties.

3. The petitioner is the niece of the husband of the testatrix, Mrs.Gowri Kannan. The husband of the testatrix predeceased the testatrix and they were not blessed with any issues. Hence, the petitioner is the only surviving class II legal heir of Mr.Kannan, the husband of the testatrix, who but for the testamentary instrument, would have been entitled to succeed to the property of the deceased. However, in view of the Will being executed by the testatrix, donating the entire estate to the 1st respondent, Sri Kanchi Kamakoti Peetam, represented by its Manager (Estate), the petitioner, as one of the executors appointed under the last Will and testament dated 11.03.2022 has come forward to file the present original petition for grant of Probate.

4. The learned counsel for the petitioner brings to my notice that the 3rd respondent was also appointed as a joint executor, along with the petitioner.

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However, considering the age of the 3rd respondent, the 3rd respondent was not interested in pursuing his executorship and has sworn to an affidavit, seeking to discharge himself from executorship. The affidavit is taken on record. The petitioner is therefore entitled to maintain the original petition for grant of Probate, as one of the executors appointed under the Will of late Mrs.Gowri Kannan.

5. The 2nd respondent is the niece of the testatrix Mrs.Gowri Kannan. He has also sworn to a consent affidavit, expressing no objection for the grant of probate in favour of the petitioner.

6. The petitioner has examined herself as P.W.1 before the learned Master on 19.08.2026 and has marked Ex.P1 to Ex.P9. Ex.P1 is the original Will dated 11.03.2022. Ex.P3 is the death certificate of the husband of the testatrix. Ex.P6 is the death certificate of the testatrix herself.

7. From the above evidence of P.W.1, I am satisfied that the petitioner has discharged his burden in proving the testamentary demise of late Mrs.Gowri Kannan and the factum of petitioner having been appointed as one of the executors, entitled to grant of probate.

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8. The attesting witnesses, namely Mr.Venkatramanan Ganesan and Mrs.Usharani Rangarajan have been examined as P.W.2 and P.W.3 respectively. I have gone through their evidence. Their evidence clearly indicates that the Will was executed by the testatrix in a sound and disposing state of mind, memory and understanding. Their evidence also complies with the mandate of Section 63(c) of the Indian Succession Act r/w Section 67 of BSA, 2023 (Section 68 of the Indian Evidence Act). In the light of the above, the petitioner is entitled to the grant of Probate.

9. In fine,

(i) The Original Petition is allowed, as prayed for and the Registry is directed to issue Probate with the Will dated 11.03.2026, annexed.

(ii) No costs.

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA Witnesses examined on the side of the petitioner: P.W.1 – Mr.Priya Anand P.W.2 – Mr.Venkatraman Ganesan P.W.3 – Mrs.Usharani Rangarajan

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Documents exhibited by the petitioner: Exhibits Description Ex.P1 Original Will dated 11.03.2022 executed by Gowri Kannan. Ex.P2 Photocopy of the Sale Deed dated 15.11.1990. Ex.P3 Computer generated death certificate of A.B.Kannan. Ex.P4 Photocopy of the legal heirship certificate of A.B.Kannan. Ex.P5 Downloaded copy of the water tax receipt dated 12.08.2025 standing in the name of A.V.Kannan. Ex.P6 Computer generated death certificate of Gowri Kannan. Ex.P7 Downloaded copy of the property tax receipt dated 12.08.2025 standing in the name of A.V.Kannan Ex.P8 Affidavit of assets showing the net value of the estate for a sum of Rs.1,51,03,527/-. Ex.P9 Certificate filed under Section 63(4)(C) of BSA.

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P.B.BALAJI, J. ATA OP No. 643 of 2025