Madras High Court
OP/119/2025 of Meenakshi Vs Narmadha Muthukumar and 2 others on 12 October 2026
OP No. 119 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-10-2026
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI
OP No. 119 of 2025
CNR:{HCMA012237352024}
Ms.Meenakshi
W/o. Late K.R.Murugesan,
No.433/7, M Block Royal Enclave,
3rd Avenue, Anna Nagar East,
Chennai 600 102.
Petitioner(s)
Vs
1. Narmadha Muthukumar
W/o. MuthuKumar,
Old No.15, New No.10, 35th Street,
Nanganallur, Kancheepuram,
Chennai 600 061.
2.Sanjukta Ray
W/o. Late Senthil Kumar,
F-19, 2nd Floor, Hauz Khas Enclave,
New Delhi 110016.
3.Ritika Kumar
D/o. Late Senthil Kumar, F-19, 2nd
Floor, Hauz Khas Enclave,
New Delhi 110016.
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OP No. 119 of 2025
Respondent(s)
PRAYER
Original Petition filed under Sections 222 & 276 of the Indian Successon Act, 1925 r/w Order XXV Rule 4 of O.S. Rules to prove the Will in common form and that Probate thereof, to have effect throughout the State of Tamil Nadu, may be granted to the petitioner.
For Petitioner
::
Mr.M. Senthilkumar
For Respondents
::
Mr.S. Thamizhkumaran for R1
No appearance for R2 & R3
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ORDER
This Original Petition has been filed for grant of probate of the Last Will and Testament of Late K.R. Murugesan, who died on 16.02.2011, leaving behind a Will dated 09.04.2004, which was registered on 27.01.2005 vide Document No. 8 of 2005, Book III, in the office of Sub Registrar, Anna Nagar.
2. The petitioner is the wife of the testator and she has been appointed as the sole executrix under the Will dated 09.04.2004. The 1st respondent is the daughter of the testator and the petitioner. The 2nd and 3rd 2\7
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OP No. 119 of 2025 respondents are the wife and daughter of the pre-deceased son of the petitioner and the testator, by name, Senthilkumar. Despite attempts made to serve respondents 2 and 3, service remained incomplete and pursuant to the orders of this Court, publication was effected. In spite of substituted service effected in respect of respondents 2 and 3, they have not chosen to enter appearance, leave alone, objecting to the request of the petitioner for grant of probate, as provided under the provisions of the Original Side Rules and the Indian Succession Act.
3. The petitioner has examined herself as P.W.1 before the learned Master and marked Exs.P1 to P10. The 1st attesting witness has examined himself as P.W.2 and he has spoken about the due execution and attestation of the Will.
4. On going through the evidence of P.W.s 1 and 2, I find that the petitioner has established the factum of testamentary demise of Late K.R. Murugesan leaving behind a registered Will, Ex.P1, dated 09.04.2004 bequeathing his properties in favour of the petitioner/his wife.
5. The 1st respondent/daughter of the deceased testator and the petitioner has given a consent affidavit expressing “No Objection” for grant 3\7
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OP No. 119 of 2025 of probate in favour of the petitioner. In spite of substituted service in respect of other Class II Legal Heirs, namely, respondents 2 and 3, having been effected, no objection has been forthcoming till date.
6. In the result:
(i) The Original Petition is ordered, as prayed for and the Registry is directed to issue Probate with the Will dated 09.04.2004 of Late K.R. Murugesan, annexed, to the petitioner.
(ii) Considering the nature of relationship between the parties, there shall be no order as to costs. 12-10-2026 nv Witnesses examined on the side of the petitioner: P.W.1 – Ms.M. Meenakshi P.W.2 – Mr.N. Muthukumar Documents exhibited by the petitioner: Exhibits Description Ex.P1 The Original Will and Testament of Late K.R. Murugesan dated 09.04.2004 Ex.P2 Computer Generated Death Certificate of Late K.R.Murugesan Ex.P3 Photocopy of the Legal Heirship Certificate of Late K.R. Murugesan Ex.P4 Downloaded copy of the Guideline Value of the property Ex.P5 Photocopy of the Aadhaar Card of Ms.M. Meenakshi Ex.P6 Photocopy of the sale deed dated 15.09.1990 executed by Tamil Nadu Housing Board in favour of K.R. Murugesan Ex.P7 Downloaded copy of the property tax General Revision dated 15.06.2022 4\7
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OP No. 119 of 2025 Ex.P8 Downloaded copy of the water tax revision dated 08.09.2020 Ex.P9 Affidavit of assets showing the net value of the estate for a sum of Rs.84,90,000/- Ex.P10 Certificate filed under Section 63(4)(C) BSA,2023. Ex.P11 Photocopy of the Aadhaar Card of Mr.N. Muthukumar (1st attesting witness) 12.10.2026 5\7
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OP No. 119 of 2025 P.B. BALAJI,J. nv OP No. 119 of 2025
12.10.2026 6\7
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