Madras High Court
OP/24/2026 of Subramanian Pasupathy Vs Harini Subramanian and 5 Others on 12 October 2026
OP No. 24 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. 24 of 2026
CNR: {HCMA010781282023}
Subramanian Pasupathy
..Petitioner(s)
Vs
1. Harini Subramanian
2. Shanmuga Priya Subramanian
3. Parvathi
4. Mythili Pasupathy
5. P.Bama
6. P.Deivayanai
..Respondent(s)
That the petitioner may be allowed to prove the Will 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.3,50,00,000/- and Net amount of Rs.3,50,00,000/- Suc.duty of Rs.25,000/- paid on 24.04.2023 (at the time of filing).
For Petitioner(s):
M/s.R.J.Radhika
For Respondent(s):
No appearance
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ORDER
Heard M/s.R.J.Radhika, learned counsel for the petitioner.
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OP No. 24 of 2026
2. The instant Original Petition has been filed to Probate the last Will and testament of late K.Pasupathy, who died on 08.02.2005, leaving behind an unregistered Will dated 11.01.2004.
3. The learned counsel for the petitioner has explained the relationship between the parties to the deceased testator. The petitioner is the son of the deceased testator. The respondents 1 and 2 are the children of the petitioner, namely grandchildren of the testator, K.Pasupathy, who are the beneficiaries under the last Will and testament dated 11.01.2004, which has been marked as Ex.P1, during the course of recording evidence through the petitioner, who was examined as P.W.1. The respondents 3 to 6 are the other children of the deceased testator, K.Pasupathy.
4. Despite service of notice on all the respondents, excepting the 5th respondent, who is also an attesting witness, the other respondents have neither come forward to contest or give consent to grant of probate in favour of the petitioner. The evidence of P.W.1, through whom Ex.P1 to Ex.P7 have been marked, satisfies that the deceased testator K.Pasupathy died on 08.02.2005, leaving behind an unregistered Will dated 11.01.2004. The evidence of P.W.2, who is none else than the 5th respondent and daughter of the testator himself has spoken about due execution and attestation of Ex.P1, Will. Her evidence satisfies the requirement of Section 63(c) of the Indian Succession Act r/w
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OP No. 24 of 2026
Section 67 of BSA (Section 68 of the Indian Evidence Act). I am satisfied that the petitioner has made out a case for the grant of Probate.
5. In fine,
(i) The Original Petition is allowed, as prayed for and the Registry is directed to issue Probate with the Will dated 11.01.2004 of late K.Pasupathy annexed, to the petitioner.
(ii) Considering the nature of relationship between the parties, there shall be no order as to 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.Subramanian Pasupathy P.W.2 – Mrs.P.Bama Documents exhibited by the petitioner: Exhibits Description Ex.P1 Original unregistered Will dated 11.01.2004 executed by K.Pasupathy. Ex.P2 Original death certificate of K.Pasupathy. Ex.P3 Computer generated death certificate of P.Pankajam. Ex.P4 Original legal heirship certificate of K.Pasupathy. Ex.P5 Original legal heirship certificate of P.Pankajam.
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OP No. 24 of 2026
Ex.P6 Affidavit of assets showing the net value of estate for a sum of Rs.3,50,00,000/-. Ex.P7 Certificate filed under Section 63(4)(C) of BSA.
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OP No. 24 of 2026
P.B.BALAJI, J. ATA OP No. 24 of 2026
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