Madras High Court
OP/16/2025 of Mr. V. Chandrasekaran Vs M. Suganamma and 5 others on 8 October 2026
OP No. 16 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 16 of 2025
CNR: {HCMA011846992024}
V. Chandrasekaran
..Petitioner(s)
Vs
1. M. Suganamma
2. A.M.Munirathinam
3. A.M.Naveen
4. A.M.Latha
5. A.Anu Revathi
6. A.M.Saravanan
..Respondent(s)
That he may be allowed to Prove the Will of Smt. Kalaivani dated 22.04.2021
in common form and that probate thereof to have effect limited to State of Tamil Nadu may be granted to the petitioner. Gross Amount of Rs.1,67,40,000/- and Net Amount of Rs.1,67,20,000/- Suc Duty of Rs.25,000/- paid C/F
D.No.3319/25 dated 27.01.2025
For Petitioner(s):
M/s.V.Sivakumar
For Respondent(s):
No appearance
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
The petitioner has filed the instant Original Petition seeking for the grant of Probate of last Will and testament of Kalaivani W/o. A.M.Munirathnam dated 22.04.2021 in the presence of two witnesses, S.Manikandan and A.B.Mohan.
OP No. 16 of 2025
2. I have heard Mr.V.Sivakumar, learned counsel for the petitioner.
3. The learned counsel for the petitioner invites my attention to the factum of the death of the testatrix, Kalaivani on 07.06.2021, leaving behind an unregistered Will dated 22.04.2021. The deceased testatrix left behind her husband and children, who are the respondents 2 to 4. The respondents 2 to 6 have already given their consent affidavits, expressing no objection for the grant of Probate in favour of the petitioner, who has been appointed as the sole executor under the said Will. The 1st first respondent is the sole beneficiary under the Will of late Kalaivani, the deceased testatrix.
4. One of the attesting witnesses, namely the 2nd attesting witness, A.B.Mohan, has filed an affidavit dated 27.04.2024, stating that he was present along with the other attesting witness, S.Manikandan at the residence of the testatrix on 22.04.2021 and that they saw the deceased, Kalaivani execute the last Will and testament. The original Will is also available before this Court and the death certificate of Kalaivani is also filed along with the petition. The affidavit of the attesting witness is in compliance with the requirements under Section 63 of the Indian Succession Act r/w Section 67 of BSA (Section 68 of the Indian Evidence Act). I am satisfied that the Will has been duly proved in the manner required under law. In the light of the above, I am inclined grant Probate, as prayed for.
OP No. 16 of 2025
5. In fine,
(i) The Original Petition is allowed, as prayed for and the Registry is directed to issue Probate with the Will dated 22.04.2021 of late A.M.Kalaivani annexed, to the petitioner.
(ii) Considering the nature of relationship between the parties, there shall be no order as to costs. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA
OP No. 16 of 2025
P.B.BALAJI, J. ATA OP No. 16 of 2025 08-10-2026