Madras High Court
OP/596/2025 of N.R.Boovarahan and another Vs Prasanthi Ramakrishnan and 5 others on 8 October 2026
OP No. 596 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. 596 of 2025
CNR: {HCMA010097602025}
1. N.R.Boovarahan
No.4/56, Kalapataru,
Flat 2A, K B Dasan Road,
Alwarpet, Chennai – 600 018
2. K.R. Narayanan,
H 5, Hiranya Apartments,
67/69 Greenways Road Extension,
Raja Annamalaipuram,
Chennai 600 028.
..Petitioners
Vs
1. Prasanthi Ramakrishnan
D/o, Sundaram Ramakrishnan
1146, Harrison St, Apt. 111
Seattle WA 98109, USA
2. Meena Adinarayanan
D/o. Late S.A.Sundaram
Flat A1 Sreshta Apt. Plot 585A,
1st Street, Ram Nagar North,
Madipakkam, Chennai -600 091
3. Sundaram Ramakrishnan
S/o, Late S.A.Sundaram
E-484, Ground Floor,
Greater Kailash Part-2
New Delhi – 110 048
4. Kumar Sundaram
S/o, Late S.A.Sundaram
No. 13502, Latrobe Lane,
Clarksburg, MD 20871, USA
OP No. 596 of 2025
5. Venkatasubramaniam Venkateswaran
S/o. Late Kamala Venkatesawaran
(D/o Late Sri S.A.Sundaram)
No.2153 Sobha Winchester,
200 Ft. Pallavaram Thorapakkam Radial
Road, Kovilambakkam, Chennai – 600 117
6. Saiprasanth Venkateswaran
S/o, Late Kamala Venkatesawaran
(D/o Late Sri S.A.Sundaram)
B1-8-02 YooPune Apartments,
Magarpatta, Hadapsar, Pune-411 028
..Respondents
Original Petition filed under Sections 222 and 276 of the Indian Succession Act XXXIX of 1925 r/w Order XXV Rule 4 of O.S. Rules for grant of probate to the petitioners.
For Petitioners:
Mr.G.Vasudevan
For Respondents:
Mr.K.Kanniappan
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ORDER
Heard Mr.G.Vasudevan, learned counsel appearing for the petitioners and Mr.K.Kanniappan, learned counsel appearing for the respondents.
2. This Original Petition has been filed for grant of probate of the last Will and testament of Ms.Alamelu Sundaram dated 22.09.2011. The said Ms.Alamelu Sundaram died on 11.01.2019 leaving behind the aforesaid Will dated 22.09.2011. The deceased was survived by one daughter and two sons, who are respondents 2 to 4. The first respondent/granddaughter of the deceased, being the beneficiary under
OP No. 596 of 2025
the Will has been arrayed as first respondent. Respondents 5 and 6 are the legal representatives of the deceased daughter of Ms.Alamelu Sundaram, by name Ms.Kamala Venkateswaran.
3. Mr.K.Kanniappan, learned counsel for the respondents stated that all the six respondents have given their consent affidavits expressing no objection for grant of probate as prayed for by the petitioners.
4. On going through the Will, I find that the petitioners have been appointed as executors by the testatrix Ms.Alamelu Sundaram. The first petitioner has examined himself as P.W.1 and marked Exs.P1 to P7. Ex.P1 Will and Ex.P3 death certificate establish the factum of the death of Ms.Alamelu Sundaram and factum of Will Ex.P1 coming into force. The legal heirship certificate in Ex.P4 evidences the fact that excepting respondents, there are no other legal heirs who survived Ms.Alamelu Sundaram/testatrix.
5. One of the attesting witnesses by name Mr.A.K.Subramanian has been examined on 23.09.2026 before the learned Master. He has stated that he knew the testatrix for about two decades and that the husband of the testatrix was his guru teaching him veda chanting. He has confirmed his signature in Ex.P1 Will besides the signature of the testatrix. He has also stated that the testatrix was in sound state of mind and in good health at the time of execution of Ex.P1 Will. P.W.2 also stated that the
OP No. 596 of 2025
testatrix signed the Will in his presence and in the presence of another attesting witness whose name the petitioner is unable to recollect. However, I do not find that this in any way impede his role in the execution of the Will especially considering the fact P.W.2, who was aged 90 years the time of giving evidence before the Master in respect of the Will, which was executed more than two decades ago.
6. In the light of the above, I am satisfied that through the evidence of P.W.1 and P.W.2, the petitioners have established that the petitioners are entitled to grant of probate and in view of the Will having been proved in the manner known to law, this original petition is ordered. Issue Probate as prayed for. 08.10.2026 Index: Yes/No Neutral Citation: Yes/No mmi
OP No. 596 of 2025
P.B.BALAJI, J. mmi OP No. 596 of 2025 08.10.2026