OP/61/2026 of Arun Menon Vs Githa Keralavarma and 4 others on 14 October 2026

ORDER

This Original Petition has been filed for grant of Probate of the last Will and testament of the deceased testator, Dr.Balagopal Karumathi Keralavarma. The petitioner is the one of the executors appointed under the last Will and

( Uploaded on: 30/10/2026 05:50:33 pm )

OP No. 61 of 2026

testament dated 16.02.2024. Though under the Will two persons were appointed as the executors, the testator has clearly stated that either of them can act individually and hence, the present original petition at the instance of the petitioner is certainly maintainable. The testator died on 01.09.2025, leaving behind the respondents as his only surviving class I legal heirs. The 1st respondent is the mother of the deceased testator and the 2nd respondent is the wife of the testator and the sole beneficiary under the last Will and testament of the testator. The respondents 3 and 4 are major daughter and son respectively of the deceased testator and the 5th respondent is the minor daughter of the deceased testator, represented by her mother and wife of the deceased testator.

2. The petitioner has examined himself as P.W.1 and marked Ex.P1 to Ex.P14. The original Will of the deceased testator has been marked as Ex.P1, which is an unregistered Will, executed in the presence of the two attesting witnesses. The death certificate of the testator has been marked as Ex.P2. From the evidence of P.W.1, I am satisfied that the testator died, leaving behind the testamentary instrument and under the said testamentary instrument, Ex.P1 Will, the petitioner is entitled to seek for grant of Probate before this Court by filing the above original petition.

3. The wife of the petitioner one Mrs.Anuradha Menon has in fact attested the Will, as one of the attesting witness. She has been examined as P.W.2 before

( Uploaded on: 30/10/2026 05:50:33 pm )

OP No. 61 of 2026

the learned Master on 25.09.2026. She has stated that the testator was her cousin brother and known him from her birth. She has also affirmed the mental status of the testator to be sound and disposing at the time of execution of Ex.P1, Will. P.W.2 has also stated that the testator signed the Will in her presence and in the presence of the family Doctor, E.Surendar, the second attesting witness. The evidence of P.W.2 complies with the requirement of Section 63(c) of the Indian Succession Act r/w Section 67 of BSA, 2023 (Section 68 of the Indian Evidence Act). The respondents are represented by a counsel. He also affirms the fact that the respondents have no objection and all of them have given their consent affidavits. I am satisfied that the petitioner is entitled to grant of probate.

4. In fine,

(i) The Original Petition is allowed, as prayed for and the Registry is directed to issue Probate with the Will dated 16.02.2024 of late Dr.Balagopal Karumathi Keralavarma, annexed, to the petitioner.

(ii) Considering the nature of relationship between the parties, there shall be no order as to costs.

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA

( Uploaded on: 30/10/2026 05:50:33 pm )

OP No. 61 of 2026

Witnesses examined on the side of the petitioner: P.W.1 – Mrs.Anuradha Menon P.W.2 – Mr.E.Surendar Documents exhibited by the petitioner: Exhibits Description Ex.P1 Original Will dated 16.02.2024 executed by Balagopal Karumathil Keralavarma. Ex.P2 Photocopy of the death certificate of Balagopal Karumathil Keralavarma. Ex.P3 Photocopy of the construction agreement dated 24.09.2004 between Balagopal Karumathil Keralavarma and M/s.K.GEYES Residency Private Limited. Ex.P4 Certificate copy of the sale deed dated 22.12.2003 executed by V.Ramachandran in favour of Dr.Balagopal Karumathil Keralavarma. Ex.P5 Photocopy of the builders agreement dated 25.10.2003 between M/s.Singh Properties and Investments and Dr.Balagopal Karumathil

Ex.P6 Photocopy of the sale deed dated 29.09.2016 executed by M/s.Puravankara Projects Limited in favour of Balagopal Karumathil Keralavarma and Anitha Gopinathan Nair. Ex.P7 Photocopy of the construction agreement dated 07.04.2007 between M/s.Puravankara Projects Limited with Balagopal Karumathil Keralavarma and Anitha Gopinathan Nair. Ex.P8 Photocopy of the sale deed dated 27.07.2018 executed by M/s.Skyline Foundations and Structures Private Limited in favour of Anitha Nair and Balagopal Karumathil Keralavarma. Ex.P9 Photocopy of the sale deed dated 31.03.1997 executed by Mr.N.Kedhar Ishwar in favour of Balagopal Karumathil Keralavarma. Ex.P10

M/s.Premier Housing and Industrial Enterprises Limited and Balagopal Karumathil Keralavarma. Ex.P11 Downloaded copies of the SBI account statements bearing No.00000010029877430 and No.00000010477553550 standing in the name of Balagopal Karumathil Keralavarma and Anitha Gopinathan Nair for the period from 21.10.2024 to 20.10.2025. Ex.P12 Downloaded copy of the statement of holding – equity dated

( Uploaded on: 30/10/2026 05:50:33 pm )

OP No. 61 of 2026

31.10.2025 standing in the name of Balagopal Karumathil Keralavarma. Ex.P13 Affidavit of assets showing net value of the estate for a sum of Rs.3,73,06,560/-. Ex.P14 Certificate filed under 63(4)© of BSA.

( Uploaded on: 30/10/2026 05:50:33 pm )

OP No. 61 of 2026

P.B.BALAJI, J. ATA OP No. 61 of 2026

( Uploaded on: 30/10/2026 05:50:33 pm )