Madras High Court
OP/789/2024 of P.C.Kothandaraman Vs P.C.Ramchandra on 14 October 2026
OP No. 789 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 789 of 2024
CNR: {HCMA010646482024}
P.C.Kothandaraman
..Petitioner(s)
Vs
P.C.Ramchandra
..Respondent(s)
Prayer: Original Petition filed under Sections 222 & 276 of Indian Succession Act, Act 39 of 1925 and Order XXV Rule 4 of OS Rules, praying to prove the Will in common form, and that probate thereof, to have effect throughout the State of Tamil Nadu may be granted to him.
For Petitioner(s):
M/s.R.Balaji Singh
For Respondent(s):
M/s.R.Kumar
ORDER
This Original Petition has been filed for grant of Probate of the last Will and testament of late P.Jayalakshmi, dated 25.10.2012.
2. Heard the learned counsel for the parties.
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3. The testatrix, P.Jayalakshmi died on 21.07.2015. The Will has also been registered as Doc.No.60 of 2012 before the Sub Registrar, Villivakam. The petitioner is the son of the deceased testatrix and also sole beneficiary under the Will dated 25.10.2012. The respondent is the other surviving legal heir of the deceased testatrix, who has filed his consent affidavit, expressing no objection for the grant of Probate in favour of the petitioner.
4. The petitioner examined himself as P.W.1 and marked Ex.P1 to Ex.P8. Ex.P1 is the registered last Will dated 25.10.2012. The petitioner has also exhibited the computed generated death certificate of the testatrix as Ex.P3 and the death certificate of the husband of the testatrix by name P.S.Chandrasekar has been marked as Ex.P4. The legal heirship certificate, evidencing the fact that apart from the petitioner and the respondent, there are no other legal heirs, was also marked as Ex.P7.
5. I am satisfied that the petitioner has proved the testamentary demise of the testatrix, late P.Jayalakshmi. P.W.2, one of the attesting witnesses by name, P.Prabhakaran has been examined and he has affirmed that the Will was executed in his presence on 25.10.2012 by the testatrix, P.Jayalakshmi and in the presence of the other attesting witness. He has also affirmed the factum of the testatrix being in a sound and disposing state of mind, memory and understanding at the time of execution of the Will.
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6. On going through the evidence of P.W.1 and P.W.2, I am satisfied that the Will has been duly proved in a manner known to law, especially as contemplated under Section 63(c) of the Indian Succession Act r/w 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 as prayed for.
7. In fine,
(i) The Original Petition is allowed, as prayed for and the Registry is directed to issue Probate with the Will dated 25.10.2012 of late Mrs.P.Jayalakshmi 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 Witnesses examined on the side of the petitioner: P.W.1 – Mr.P.C.Kothandaraman P.W.2 – Mr.P.Prabhakar
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Documents exhibited by the petitioner: Exhibits Description Ex.P1 Original registered Will dated 25.10.2012 executed by P.Jayalakshmi. Ex.P2 Certified copy of the sale deed dated 20.06.2007. Ex.P3 Computer generated death certificate of P.Jayalakshmi along with the certificate under 63(4)© of BSA. Ex.P4 Computer generated death certificate of P.S.Chandrasekar along with the certificate under 63(4)© of BSA. Ex.P5 Photocopy of the Aadhaar card of the petitioner. Ex.P6 Photocopy of the Aadhaar card of P.C.Ramachandra. Ex.P7 Photocopy of the legal heirship certificate of P.S.Chandrasekar. Ex.P8 Affidavit of assets showing the net value of the estate of Rs.1,00,00,000/-.
OP No. 789 of 2024
P.B.BALAJI, J. ATA OP No. 789 of 2024
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