Madras High Court
OP/248/2024 of D.Vasantha Kumar Vs U.Sriram and 4 others on 7 October 2026
OP No. 248 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 248 of 2024
CNR: {HCMA010419002024}
D.Vasantha Kumar
..Petitioner(s)
Vs
1. U.Sriram
2. U.Jayapriya
3. Santhanam @ Namasivayam
4. Kalaivani.A
5. Sathyanarayanan.S
(Amended as per order dated 14.10.2024 in A.No.4223/2024)
..Respondent(s)
Prayer: Original Petition filed under Sections 222 & 276 of Indian Succession Act, 1925 r/w Order XXV Rule 4 of the High Court Original Side Rules, to allow the petitioner to prove the will dated 29.12.2019 of T.Nalitha in common form and that the Probate thereof, to have effect throughout the whole of the State of Tamil Nadu may be granted to the petitioner.
For Petitioner(s):
Mr.T.Paranthaman
For Respondent(s):
No appearance for RR1 & 2
Mrs.T.S.Kanmani for R3
M/s.G.Sumithra for RR4 & 5
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 above original petition has been filed by the petitioner, as a sole executor of the last Will and testament appointed under the last Will and
OP No. 248 of 2024
testament dated 29.12.2019, by one T.Nalitha. The respondents 1 and 2 are the surviving legal heirs of late T.Nalitha, along with the petitioner. The respondents 3 to 5 are beneficiaries under the Will dated 29.12.2019, who have also been arrayed as parties. The misdescription in the names of respondents 4 and 5 was also subsequently ordered to be amended in A.No.4223 of 2024 and by order dated 14.10.2024, the names of the respondents 4 and 5 have also been corrected.
2. The petitioner, as a sole executor, examined himself as P.W.1 before the learned Master. He has also marked Ex.P1 to Ex.P13. Ex,P4 is the original Will dated 29.12.2019. Ex.P5 is the death certificate of the testatrix Nalitha died on 01.04.2020. The death certificates of other legal heirs Kuppamma, Vasudeva Gramani, V.Durairaj, Umakanth and U.Jothi have also been marked as Ex.P7 to Ex.P15, which evidence the fact that apart from the petitioner and the respondents 1 and 2, there are no other legal representatives of the deceased Nalitha, who died as a spinster. The respondents 3 to 5, though are distant relatives to the family, have been arrayed as respondents since they are beneficiaries under Ex.P4, Will.
3. On going through the petition and evidence of P.W.1, I find that the petitioner has established the factum of death of the testatrix, T.Nalitha on 01.04.2020, leaving behind a Will dated 29.12.2019. The original Will is also
OP No. 248 of 2024
marked before this Court as Ex.P4. Hence, I am satisfied that the petitioner is competent to file the application being appointed as the sole executor under Ex.P4, Will and seek for grant of Probate.
4. One of the attesting witnesses, by name, Bharath Someshwar Joshi has been summoned through Court, on an application filed by the petitioner to speak about the due execution and attestation of the Will. He has led evidence before the learned Master on 19.08.2026. He has affirmed the factum of T.Nalitha having executed a Will on 29.12.2019 and that she was in a sound and disposing state of mind, memory and understanding. He has also stated that the Will was signed in his presence and in the present of the other attesting witness, one Mahalakshmi. The evidence of the attesting witness, Bharath Someshwar Joshi proves due execution and attestation of Ex.P4. The respondents 3, 4 and 5 have no objection for the grant of probate, as prayed for.
5. The respondent 1 and 2, despite service of notice, have neither chosen to appear in person nor through counsel, leave alone objecting to grant of probate, as provided under the provisions of the Original Side Rules and the Indian Succession Act. The names of the respondents 1 and 2 have also been printed in today’s cause list. In the light of the above, I am inclined to grant probate, as prayed for.
OP No. 248 of 2024
6. In the result:
(i) The Original Petition is ordered, as prayed for and the Registry is directed to issue Probate with the Will dated 29.12.2019 of late T.Nalitha, annexed, to the petitioner.
(ii) Consideration the nature of relationship between the parties, there shall be no order as to costs. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA Witnesses examined on the side of the petitioner: P.W.1 – Mr.D.Vasanthakumar P.W.2 – Mr.Bharat Someshwar Joshi Documents exhibited by the petitioner: Exhibits Description Ex.P1 Certified copy of the sale deed dated 05.06.1992 registered as Doc.No.1241 of 1992. Ex.P2 Certified copy of the sale deed dated 12.10.1992 registered as Doc.No.2127 of 1992. Ex.P3 Certified copy of the partition deed dated 09.07.1993 registered as Doc.No.652 of 1993. Ex.P4 The original Will and Testament by T.Nalitha dated 29.12.2019. Ex.P5 The printout of the Death Certificate of T.Nailtha died on 01.04.2020. Ex.P6 The printout of the Death Certificate of T.Nalini died on 29.07.2018. Ex.P7 The printout of the Death Certificate of Kuppamma died on 05.01.2004. Ex.P8 The printout of the Death Certificate of Vasudevagramani died on 27.05.1976.
OP No. 248 of 2024
Ex.P9 The printout of the Death Certificate of V.Durairaj died on 14.04.2006. Ex.P10 The printout of the Death Certificate of D.Umakanth died on 22.04.2004. Ex.P11 The printout of the Death Certificate of U.Jothi died on 12.07.2022. Ex.P12 The printout of the legal heir certificate of U.Jothi dated 28.11.2022. Ex.P13 Affidavit of assets showing the net value of estate Rs.1,47,78,795/-. 07.10.2026
OP No. 248 of 2024
P.B.BALAJI, J. ATA OP No. 248 of 2024 07-10-2026