Madras High Court

OP/126/2026 of C. S. Padmanabhan Vs R. Sujatha and another on 12 October 2026

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OP No. 126 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-10-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI

OP No. 126 of 2026

CNR: {HCMA012684532025}

C. S. Padmanabhan

..Petitioner(s)

Vs

1. R. Sujatha

2. Sangita.C.V

..Respondent(s)

The Petitioner prays that this Hon'ble Court may allow the petitioner to prove the Will of the deceased, C.S.Kotteeswari in common form and that probate thereof to have effect throughout the State of Tamil Nadu may be granted to the petitioner. Gross amount of Rs.15,55,200/- and Net amount of Rs.15,35,200/- Suc.duty of Rs.25,000/- paid on 24.03.2026 by e-C/F D.No.10438/2026.

For Petitioner(s):

M/s.R.Sundaramurthy

For Respondent(s):

No appearance

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ORDER

This Original Petition has been filed to prove the Will of the deceased, C.S.Kotteeswari in common form and that probate thereof to have effect throughout the State of Tamil Nadu may be granted to the petitioner.

2. I have heard Mr.R.Sundaramurthy, learned counsel for the petitioner.

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OP No. 126 of 2026

3. The petitioner is the executor appointed under the Will of late C.S.Kotteswari dated 02.02.1998. The said C.S.Kotteeswari died on 08.10.2024, leaving behind the petitioner (son) and the respondents, who are the wife and son of the predeceased son, by name C.S.Viswanathan.

4. The respondents, despite service of notice, have neither chosen to appear in person, nor through counsel, leave alone by necessary objection and caveat as contemplated under the provisions of the Original Side Rules of the Madras High Court.

4. I have gone through the papers. I am satisfied with the production of the original Will and the death certificate that late C.S.Kotteeswari died, leaving behind a testamentary instrument, appointing the petitioner as the sole executor. The affidavit of the attesting witness, Mr.P.Basker dated 03.11.2025 has been filed, which evidences the fact that the testatrix executed the subject Will on 02.02.1998 in his presence and in the presence of one M.Kanniappan at the residence of the deceased testatrix, C.S.Kotteeswari. The affidavit of the said attesting witness satisfies the requirements of Section 63(c) of the Indian Succession Act r/w Section 67 of BSA (Section 68 of the Indian Evidence Act). I am satisfied that the petitioner has made out a case for grant of probate.

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OP No. 126 of 2026

5. In fine, the Original Petition is allowed, as prayed for, and the Registry is directed to issue Probate with the Will dated 02.02.1998 of late C.S.Kotteswari annexed, to the petitioner. 12-10-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA

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OP No. 126 of 2026

P.B.BALAJI, J. ATA OP No. 126 of 2026 12-10-2026

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