Ravi Kakkar v. Renu Chawla and 2 others

Madras HC21 Jul 2025OP/118/2025

Case brief

AI extract

What is this about?

Probate; grant of probate; Indian Succession Act Sections 222 & 276; Order XXV Rule 4 O.S.Rules; Will dated 08.04.2019; testator Harbhagwan Dass Kakkar died 13.03.2024; executor Ravi Kakkar; attesting witnesses Sudarshan (PW2) and Milan R. Parekh (PW3); consent affidavits of Renu Chawla, Neena Kumra and Neetu Sachdev (Ex.P7 to Ex.P9); gift of Rs.5,00,000/- to each daughter; life interest to wife Asha Kakkar (predeceased 03.07.2021); probate limited to State of Tamil Nadu; Madras High Court Original Petition allowed on 21.07.2025.

What did the court decide?

Probate of the last Will and testament dated 08.04.2019 granted to the petitioner, Ravi Kakkar, executor under the Will (prayer sought probate having effect limited to the State of Tamil Nadu). ¶35-36

Ravi Kakkar Vs Renu Chawla and 2 others — Succession and Inheritance | Madras HC (2025)

What the court decided

AI extract

Outcome

Probate of the last Will and testament dated 08.04.2019 granted to the petitioner, Ravi Kakkar, executor under the Will (prayer sought probate having effect limited to the State of Tamil Nadu).

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Issue for consideration

Whether the petitioner, appointed as executor under the last Will and testament dated 08.04.2019 of Harbhagwan Dass Kakkar, is entitled to have the Will proved in common form and probate thereof granted, with effect limited to the State of Tamil Nadu. +1 more

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Court's answer

Respondents 1 to 3 gave their consent to the grant of probate of the Will dated 08.04.2019 in favour of the petitioner, through consent affidavits marked as Ex.P7 to Ex.P9.

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Ratio / Principle

The first and second attesting witnesses to the Will were examined as PW2 and PW3 and spoke to the execution of the Will by the testator.

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Key takeaways

The assertions in the petition have been duly proved by adducing oral evidence supported by documents, and in these circumstances the petitioner is entitled to the relief.ratio¶32-33
In view of the said evidence, the execution of the Will stands proved.ratio¶34
The Original Petition is allowed, granting probate of the last Will and testament dated 08.04.2019.ratio

Detailed headnote1 paragraphs

Madras High Court (K. Kumaresh Babu, J.), by order dated 21.07.2025 in O.P. No. 118 of 2025, allowed an Original Petition filed under Sections 222 & 276 of the Indian Succession Act r/w Order XXV Rule 4 of O.S.Rules and granted probate of the last Will and testament dated 08.04.2019 executed by Harbhagwan Dass Kakkar (who died on 13.03.2024), appointing his son Ravi Kakkar as executor; the prayer sought probate having effect limited to the State of Tamil Nadu. The petitioner, examined as PW1, produced nine documents (Ex.P1 to Ex.P9), including the original Will (Ex.P2), online death certificates of the testator and his wife Asha Kakkar (Ex.P4, Ex.P3) and the legal heir certificate (Ex.P5). The first and second attesting witnesses, Sudarshan (PW2) and Milan R. Parekh (PW3), deposed to the execution and attestation of the Will and identified the testator's signature. Respondents 1 to 3, the daughters of the testator, consented to the grant through affidavits marked Ex.P7 to Ex.P9, acknowledging that under the Will the petitioner is to pay a gift of Rs.5,00,000/- to each of them. Holding: the assertions in the petition were duly proved by oral evidence supported by documents, the execution of the Will stood proved, and the petitioner was held entitled to the relief sought.

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O.P. No. 118 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 21.07.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE K. KUMARESH BABU

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O.P. No. 118 of 2025

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Ravi Kakkar … Petitioner

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Vs.

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1.Renu Chawla 2.Neena Kumra 3.Neetu Sachdev … Respondents

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PRAYER : Original Petition is filed under Sections 222 & 276 of the Indian Succession Act r/w.Order XXV Rule 4 of O.S.Rules to allow the petitioner to prove the Will in common form and that probate thereof to have effect limited to the State of Tamil Nadu.

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For Petitioner : Mr. D. Nellaiappan

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For Respondents : Mr. R.L. Rajkumar

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O R D E R

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This Original Petition has been filed for issuance of Probate for the

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Last Will and testament dated 08.04.2019 executed by Mr.Harbhagwan Dass Kakkar, who died on 13.03.2024. The petitioner has been appointed as executor under the Will.

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https://www.mhc.tn.gov.in/judis

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O.P. No. 118 of 2025

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2. The petitioner submits that the testator had gotten married to one

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Mrs.Asha Kakkar and the couple had begotten the petitioner along with the respondents 1 to 3 as their children. The petitioner submits that his mother, the wife of the testator Mrs. Asha Kakkar had predeceased the testator on 03.07.2021 and the parents of the testator had also predeceased him thereby leaving the petitioner and the respondents 1 to 3 as the only legal heirs of the testator.

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3. The petitioner further submits that the testator before his death had executed a Will on 08.04.2019 in which he had granted the life interest of both the movable and immovable properties mentioned in the Will in favour of his wife, Mrs. Asha Kakkar and after her lifetime the same prooperties absolutely devolves upon his son, the petitioner herein. The testator had also explicitly stated in his Will that after the death of his wife late Mrs.Asha Kaakar, the petitioner shall gift a sum of Rs.5,00,000/- to each of the respondents 1 to 3, who are the daughters of the testator herein. The petitioner contends that his mother Late.Mrs.Asha Kakkar predeceased the testator leaving behind him as the sole and absolute beneficiary of the Will.

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4. The petitioner has been examined as PW1. He has produced 9

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https://www.mhc.tn.gov.in/judis

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O.P. No. 118 of 2025

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documents to support his deposition which are listed as Ex.P1 to Ex.P9 at the foot of the order. He has produced the Original Will dated 08.04.2019 as the Ex.P2. The online copy of the death certificates of the testator and his wife has been marked as Ex.P4 and Ex.P3 respectively. The online copy of the legal heir certificate of the testator has been marked as Ex.P5. The perusal of the Ex.P2 clearly substantiates the claims made in the petition that the petitioner is the absolute beneficiary named in the Will and he is also appointed as one of the executors of the Will.

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5. The respondents 1 to 3 have given their consent to grant the probate of the Will dated 08.04.2019 in favour of the petitioner. The consent affidavits of the respondents 1 to 3 has been marked as Ex.P7 to Ex.P9 respectively. In the consent affidavits it has been clearly stated that the respondents are aware of the contents of the Will according to which the petitioner should pay a gift of Rs.5,00,000/- to each of the respondents and the respondents 1 to 3 are consenting to probate of the Will.

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6. Mr.Sudarshan and Mr. Mila R.Parekh who are the first and second attesting witnesses to the Will have been examined as PW2 and PW3. They have spoken about the execution of the Will by the testator and its 3/6

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https://www.mhc.tn.gov.in/judis

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O.P. No. 118 of 2025

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attestation by them and they have also identified the signature of the testator in the Ex.P2.

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7. The assertions in the petition have been duly proved by adducing

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oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.

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8. In view of the said evidence, the execution of Will stands proved.

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Hence, the Original Petition is allowed granting probate of the last Will and

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testament dated 08.04.2019.

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21.07.2025

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Index :Yes/No Neutral Citations: Yes/ No AT

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List of witnesses examined on the side of the petitioner: PW1- Mr. Ravi Kakkar PW2-Mr. Sudarshan PW3-Mr. Milan R. Parekh List of documents marked on the side of the petitioner:

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Ex.P1 Photocopy of the sale deed in favour of Harbhagwan Dass Kakkar dated 15.10.1984. Ex.P2 Original Will executed by Harbhagawan Dass Kakkar dated

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https://www.mhc.tn.gov.in/judis

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O.P. No. 118 of 2025

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Ex.P3

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	08.04.2019
Ex.P3	Online copy of death certificate of Asha Kakkar dated 27.07.2021.
Ex.P4	Online copy of death certificate of H.D.Kakkar dated 27.03.2024.
Ex.P5	Online copy of legal heir certificate of H.D.Kakkar dated 18.06.2024.
Ex.P6	Photocopyof Aadhar card of the petitioner Ravi Kakkar.
Ex.P7	Consent affidavit of Mrs.Renu Chawla.
Ex.P8	Consent affidavit of Mrs.Neena Kumra.
Ex.P9	Consent affidavit of Mrs.Neetu Sachdev.

21.07.2025

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O.P. No. 118 of 2025

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K.KUMARESH BABU,J.

O.P. No. 118 of 2025

21.07.2025

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https://www.mhc.tn.gov.in/judis

Ravi Kakkar v. Renu Chawla and 2 others

Case brief

What is this about?

What did the court decide?

Ravi Kakkar v. Renu Chawla and 2 others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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