Madras High Court
OP/500/2023 of K.Partha Sarathi Vs Glenn Mansfield Keeni and 2 Others on 8 October 2026
OP No. 500 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 500 of 2023
CNR: {HCMA011029832021}
K.Partha Sarathi
..Petitioner(s)
Vs
1. Glenn Mansfield Keeni
2. Saraswati Krishna Keeni
3. Shruti Krishna Keeni
..Respondent(s)
That he may be allowed to prove the Will in common form and that probate thereof to have effect throughout the Union of India may be granted to the petitioner Gross Amount Rs.4,59,20,446/- and Net Amount Rs.4,59,19,446/- Suc.duty of Rs.25,000/- paid on 30.08.2023 by e-C/F D.No.27953/2023.
For Petitioner(s):
Mr.S.Rajasekar
For Respondent(s):
No appearance
Ms.N.Gomathi - Advocate Commissioner
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ORDER
The petitioner has filed the instant Original Petition for grant of Probate of the last Will and testament of late K.Jayanthi. The petitioner is the brother of the testatrix. The 1st respondent is the husband of the deceased K.Jayanthi and respondents 2 and 3 are the daughters of the deceased K.Jayanthi. Today, the
OP No. 500 of 2023
petitioner has also produced an attestation of family tree, which also confirms the fact that apart from the respondents, there are no other surviving heirs of late K.Jayanthi.
2. The petitioner, being brother of the deceased, has been appointed as the sole executor under the Will dated 24.10.2007. The properties have been bequeathed under the Will to the husband of the petitioner, the 1st respondent. The respondents 2 and 3, who are the daughters of the deceased, as well as the 1st respondent, have also given their consent affidavits, expressing no objection for the grant of probate in favour of the sole executor. The petitioner has filed the death certificate in original, which evidences the fact that the deceased died on 12.02.2020 at Japan. The petitioner has examined himself as P.W.1 and he has marked the original death certificate and original Will of late K.Jayanthi.
3. Today, an attestation of family tree, issued by the Revenue Department, Government of Karnataka dated 02.09.2026 is also produced as additional document and the same is taken on file. The evidence of P.W.1 satisfies the factum of the demise of K.Jayanthi, the testatrix, leaving behind the Will, which is the subject matter of this Original Petition for Probate. The Will has come into effect on the demise of the said K.Jayanthi, as afore-stated on 12.02.2020.
OP No. 500 of 2023
4. The Advocate Commissioner’s reports has enclosed the deposition of the attesting the witness one Mrs.Abha Das Sarma. The witness has been examined on 19.09.2026 by the learned Advocate Commissioner. The attesting witness has identified the signature of the testatrix and her own signature in Ex.P1, Will. She has also stated that the testatrix was in a sound and disposing state of mind, memory and understanding at the time of execution of the Will and the evidence of P.W.2 also satisfies due execution and attestation of the Will, as required under Section 63(c) of the Indian Succession Act and Section 67 of BSA, 2023 (Section 68 of the Indian Evidence Act). In the light of the above, I am inclined grant probate in favour of the petitioner.
5. In the result:
(i) The Original Petition is ordered, as prayed for and the Registry is directed to issue Probate with the Will dated 24.10.2007 of late K.Jayanthi, annexed, to the petitioner.
(ii) Consideration the nature of relationship between the parties, there shall be no order as to costs.
6. The Advocate Commissioner has filed a report, enclosing the deposition of the attesting witness. She has also sought for an additional remuneration. Considering that the petitioner has gone all the way to Bangalore to record the evidence of the attesting witness and has spent whole day there, I am inclined to
OP No. 500 of 2023
direct the petitioner to pay a sum of Rs.25,000/-, as additional remuneration to the Advocate Commissioner on or before 16.10.2026. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA Witnesses examined on the side of the petitioner: P.W.1 – Mr.K.Partha Sarathi P.W.2 – Mrs.Abha Das Sarma Documents exhibited by the petitioner: Exhibits Description Ex.P1 Original Will dated 24.10.2007 executed by Mrs.K.Jayanthi. Ex.P2 Original Death Certificate of Mrs.K.Jayanthi. Ex.P3 Computed generated legal heirship certificate of R.K.Chari. Ex.P4 Affidavit of assets showing the net value of the estate as Rs.4,59,17,446/-. Ex.P5 Certificate under Section 65(B) of BSA for electronic document.
OP No. 500 of 2023
P.B.BALAJI, J. ATA OP No. 500 of 2023