Allowed¶32

Harikumar B v. Padmalatha Suresh and another

Madras HC12 Feb 2025OP/609/2024

Case brief

AI extract

What is this about?

Madras High Court, O.P.No.609 of 2024, K.KUMARESH BABU,J., order dated 12.02.2025 — uncontested probate petition under Sections 222 and 276 of the Indian Succession Act, 1925 read with Order XXV Rule 4 of Original Side Rules; probate granted of unregistered Will dated 31.03.2002 executed by Late V.P.Meenakshi; all legal heirs (children of testatrix) consented; execution proved through petitioner as PW1 and attesting witness C.Vidyashankar as PW2; estate net value Rs.7,04,19,755/-; probate to have effect throughout the State of Tamil Nadu as prayed.

What did the court decide?

Probate of the last Will and testament dated 31.03.2002 granted to the petitioner. ¶32

Harikumar B Vs Padmalatha Suresh and another — Succession and Inheritance | Madras HC (2025)

¶1

O.P.No.609 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 12.02.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

¶6

O.P.No.609 of 2024

Harikumar

... Petitioner

1.Padmalatha Suresh

2.Premaltha Ramanathan ..Respondents

¶12

PRAYER: Original Petition filed for Probate under Section 222 and 276 of

¶13

Indian Succession Act, 1925 r/w. Order XXV Rule 4 of Original Side Rules,

¶14

prays to allow the petitioner to prove the Will dated 31.03.2002 in common

¶15

form and that probate thereof to have effect throughout the State of Tamil Nadu.

¶16

For Petitioner : M/s.Sowjanya for M/s.G.R.Associates

¶17

For Respondents : Mr.Krishna for M/s.Varun Ganesh for R1 & R2.

¶18

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

1/5

O.P.No.609 of 2024

O R D E R

This Original Petition has been filed for issuance of Probate for the Last Will and testament dated 31.03.2002 executed by Late.V.P.Meenakshi, who died on 27.07.2018.

¶23

2. The petitioner and respondents are the children of the testatrix and the only surviving legal heirs of the testatrix since, her husband predeceased her. The respondents have filed their consent affidavits expressing their consent for grant of probate.

¶24

3. The petitioner has examined himself as PW1. He has produced the death certificates of Late.V.P.Meenakshi and testatrix's husband as Ex.P9 and Ex.P8. The original will dated 31.03.2002 as Ex.P7. The legal heir certificate of the testatrix as Ex.P10. On perusal of Ex.P10, it shows that the petitioner and respondents are the only surviving legal heirs of the testatrix.

¶25

4. Mr.C.Vidyashankar, who is the second attesting witnesses to the

¶26

said Will has been examined as PW2. The attesting witness had spoken

¶27

2/5

¶28

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

¶29

O.P.No.609 of 2024

¶30

about the execution of the Will by the testatrix and its attestation by him and marked his affidavit as Ex.P14.

¶31

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

¶32

Hence, the Original Petition is allowed granting probate of the last Will and testament dated 31.03.2002.

¶33

12.02.2025

¶34

tsh Index :Yes/No Speaking: Yes/ No Neutral Citation: Yes/No

¶35

Petitioner's witness:

¶36

P.W.1 —Mr.B.Harikumar P.W.2 – Mr.C.Vidyashankar

¶37

Documents exhibited by the petitioner :

¶38

*Exhibits*	*Documents*
Ex.P1	Photocopy of the sale deed dated 27.10.1947 executed in favour of Mr.S.Pranthathiharan (Compared with the original)
Ex.P2	Photocopy of the death certificate of Mr.s.P.Haran (Compared with the original)
Ex.P3	Photocopy of the death certificate of Mrs.Kamakshi (Compared with the original)
Ex.P4	Photocopy of the legal heir ship certificate of Mrs.Kamakshi (Compared with the original)

¶39

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

3/5

O.P.No.609 of 2024

Ex.P5

*Exhibits*	*Documents*
Ex.P5	Photocopy of the registered gift deed dated 22.03.1996 executed by Mrs.V.P.Meenakshi in favour of Mrs.Premalatha Ramanathan (Compared with the original)
Ex.P6	Photocopy of the registered gift deed dated 22.03.1996 executed by Mrs.V.P.Meenakshi in favour of Mrs.Padmalatha Suresh (Compared with the original)
Ex.P7	Original unregistered Will dated 31.03.2002 executed by Mrs.V.P.Meenkashi
Ex.P8	Photocopy of the death certificate of Mr.V.Balakrishnan (compared with original)
Ex.P9	Computergenerated death certificate of Mrs.V.P.Meenakshi
Ex.P10	Computer generated legal heir ship certificate of Mrs.V.P.Meenakshi
Ex.P11	Downloaded copy of the market value of the schedule mentioned property
Ex.P12	Affidavit of assets showing the net value of the estate as Rs.7,04,19,755/-
Ex.P13	Certificate under Section 65B of the Indian Succession Act, 1872
Ex.P14	Affidavit of PW2
Ex.P15	Photocopyof Aadhar card of PW2