Madras High Court
OP/172/2025 of P.C.Lokanathan Vs S.L.Karthick and 4 others on 6 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 172 of 2025
CNR: {HCMA012115992024}
P.C.Lokanathan
S/o. Late Chengalvaraya Naidu,
No.4, Nehru Street,
Rajiv Gandhi Nagar,
Thathankuppam, Villivakkam,
Chennai 600 049.
..Petitioner(s)
Vs
1. S.L.Karthick
S/o. P.C.Lokanathan,
No.4, Nehru Street,
Rajiv Gandhi Nagar,
Thathankuppam, Villivakkam,
Chennai 600 049.
2. S.L.Prasanth
S/o. P.C.Lokanathan,
No.4, Nehru Street,
Rajiv Gandhi Nagar,
Thathankuppam, Villivakkam,
Chennai 600 049.
3. R.Navaneethammal
W/o. Rama Naidu,
No.1856, A2, Ashok Supriya Flats,
6th Avenue, Anna Nagar West,
Chennai 600 040.
4. R.Subalakshmi
W/o. Ramachandran,
No.75/23, Big Street,
Punnai, Nemili, Vellore Dt. 631 051.
5. R.Yasoda
W/o. Ramachandran,
No.127, Senthil Nagar 7th Cross Street,
Kolathur, Chennai 99.
..Respondent(s)
PRAYER: This Original Petition is filed for grant of probate under Section 222
and 276 of Part X of the Indian Succession Act 1925 and Order XXV Rule 4of the Original Side Rules, 1956, that he may be allowed to prove the Will in common form and that probate effect limited to the State of Tamil Nadu may be granted to the petitioner.
For Petitioner(s):
Mr.C.Sivanesan
For Respondent(s):
Mr.J.Raja Rao
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 for a grant of probate of the last Will and Testament of the late P.Chengalvaraya Naidu. The petitioner is the sole executor appointed under the last Will and Testament of the P.Chengalvaraya Naidu. The respondents 1 and 2 are grandsons of P.Chengalvaraya Naidu and sons of the petitioner, who are beneficiaries under the Will dated 07.03.2008. The respondents 3, 4 and 5 are the sisters of the petitioners, that is daughters of the Testator, Chengalvaraya Naidu. All the respondents have given their consent affidavits expressing no objection for grant of probate in favour of the petitioner.
2. In pursuance of the orders of this Court, the matter was referred to the learned Master for recording evidence, where the petitioner has examined himself as P.W.1 and has marked Exhibits, Ex.P1 to P17. P.W.2, one Rajamani, one of the attesting witness to the Testamentary instrument dated 07.03.2008, has also been examined.
3. I have gone through the evidence of P.W.1 and P.W.2. P.W.1, has spoken about the relationship between the parties and also the factum of testamentary demise of his father, Chengalvaraya Naidu, leaving behind his last Will and Testament, the original of which has been marked as Ex.P1 and P.W.2, attesting witness has stated that he has known the Testator for more than three decades, since, he is working in a ration shop, the Testator being a customer and also both being affiliated to DMK party, were well known to each other. P.W.2 has stated that the Testator executed Ex.P1, Will in his presence and at that time, he was in sound and disposing state of mind. The evidence of P.W.2, satisfies the requirements of Section 63 of the Indian Succession Act r/w Section 67 of BSA (Section Section 68 of the Indian Evidence Act). More over, the respondents 3 to 5 who would have become entitled to a share in the property of late. Chengalvaraya Naidu, but for the Will, have come forward expressing no objection for grant of probate.
P.B.BALAJI, J.
4. In the light of the above, I am inclined to allow Original Petition granting probate as prayed of the Will dated 07.03.2008. On filing of memo, Registry is directed to return originals of Ex.P2 and Ex.P3, to the learned counsel for the petitioner, after substituting of the original documents with certified copies.
5. In fine, the Original Petition is Ordered, as prayed for and the Registry is directed to issue Probate with the Will dated 07.03.2008 of late p.Chengalvaraya Naidu annexed, to the petitioner. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP