P.S.Murari v. No Respondent

Madras HC3 Nov 2025OP/837/2024

Case brief

AI extract

What is this about?

Probate — Indian Succession Act 1925, Sections 222 and 276; Order XXV Rule 4 Madras High Court Original Side Rules; Will dated 31.07.2019 of Mrs. P.S. Saroja; executor P.S. Murari; attesting witnesses M. Sathish Kumar and K.R. Vijaya; sound state of mind; Ex.P.1 to Ex.P.10; certificate under Section 65B Indian Evidence Act; estate value Rs.82,763/-; death 18.04.2023; Bank of Baroda and Canara Bank pension accounts; O.P. No.837 of 2024; High Court of Judicature at Madras; Justice P. Dhanabal; decided 03.11.2025; petition allowed.

What did the court decide?

Probate granted of the Will dated 31.07.2019 executed by late Mrs. P.S. Saroja in favour of the petitioner as executor, to have effect throughout the State of Tamil Nadu. ¶51-52

P.S.Murari Vs No Respondent — Succession and Inheritance | Madras HC (2025)

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O.P. No.837 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.11.2025

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CORAM :

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THE HONOURABLE MR.JUSTICE P.DHANABAL

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O.P. No.837 of 2024

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P.S. Murari S/o. P.S. Seshadri

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… Petitioner

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PRAYER: Original Petition is filed under Section 222 and 276 of the Indian

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Succession Act 1925 and under Order XXV Rule 4 of Madras High Court

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Original Side Rules for issuing Probate.

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For petitioner : Mr. R. Kannan

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ORDER

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This petition has been filed under Section 222 and 276 of the Indian

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Succession Act read with Order XXV Rule 4 of Madras High Court Original

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Side Rules seeking to grant Probate of the Will dated 31.07.2019 executed by

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late Mrs. P.S. Saroja to have effect through out the State of Tamil Nadu.

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Page No.1 of 7

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

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O.P. No.837 of 2024

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According to the petitioner, one Mrs. P.S. Saroja, is the aunt of the

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petitioner and she died on 18.04.2023. During her life time, her pension amount normally credited in her account maintained in Bank of Baroda, Arcot Road Branch, Chennai in A/c. No.89230100008182 and Family Pension credited to Canara Bank, Villivakkam in the A/c. No.0918101022023. The last Will and testament executed by the testatrix Mrs. P.S. Saroja was dated 31.07.2019. As per the Will, the petitioner herein is the Executor of the Will.

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There is no other next of kin or interested persons to be impleaded as parties in this petition. In order to get the pension amount of the deceased, it is

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necessary for the petitioner to get the Will probated in his favour.

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The amount of assets which is likely to come to the petitioner’s hand

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does not exceed in the aggregate sum of Rs.82,763/-. The petitioner had

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undertaken to duly administer the specified property and credits of the

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deceased in any way concerned his Will by paying the debts first and then the

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legacies therein bequeathed so far as the assets will extend and to make full Page No.2 of 7

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

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O.P. No.837 of 2024 and true inventory thereof and exhibits the same in this Court within the six

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months from the date of the grant of probate to the petitioner and also to

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render to this Court a true account of the said property within one year from the said date.

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PW1 and PW2 were examined on the side of the petitioner and

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Ex.P.1 to Ex.P.10 were marked. PW1, the petitioner herein, in his evidence

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had narrated the averments made in the petition stating that he has filed this petition for grant of Probate of the Last Will and Testament executed by the

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deceased Mrs. P.S. Saroja on 31.07.2019. Mr. M. Sathish Kumar, who is the

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first attesting witness in the Will, has been examined as PW2. In his

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evidences, he has stated that the testatrix was in sound state of mind while

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executing the Will and he had also seen the testatrix signing the Will and the

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other attesting witness K.R. Vijaya subscribing her signature in the document.

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At request of the testatrix, he along with the 2nd attesting witness namely

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Mrs. K.R. Vijaya have signed in the Ex.P.8 Will as attestors. The evidence of Page No.3 of 7

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

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O.P. No.837 of 2024 attesting witness has not only proved the execution but also the attestation of

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the Will and there is no other material to suspect the Will.

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From the averments made in the petition and the depositions of PW1

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and PW2 supported by the documents, it is clear that the petitioner has proved

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his claim and there is no contra evidence. Hence, this Court is satisfied that

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the petitioner is entitled to the relief as prayed for in the petition.

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In the result, the Original Petition is allowed and the Will executed

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by late Mrs. P.S. Saroja dated 31.07.2019 is hereby probated.

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03.11.2025

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Index : Yes/No Speaking Order : Yes/No mjs

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APPENDIX:

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List of Petitioner side Witnesses:

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PW1 : Mr. P.S. Murali Page No.4 of 7

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

O.P. No.837 of 2024

Mr. M. Sathish Kumar

PW2

List of Petitioner side Documents:

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Exhibit No.	Date	Description of Documents.
Ex.P.1	18.04.2023	Computer generated Death Certificate of P.S. Saroja along with the Certificate under Section 65B of the Indian Evidence Act.
Ex.P.2	-	Photocopy of the Death Certificate of Mr. T. Chakrawarthy.
Ex.P.3	-	Photocopy of the Aadhar Card of Mrs. P.S. Saroja.
Ex.P.4	-	Photocopy of the Pan Card of Mrs. P.S. Saroja.
Ex.P.5	-	Photocopy of the first page of pension payment order of Mrs. P.S. Saroja.
Ex.P.6	-	Photocopy of the first page of Pension payment order issued by the Accountant General II Pension of Mr. Chakrawarthy.
Ex.P7 series	-	Photocopy of the Aadhar Card and PAN Card of Mr. P.S. Murali.
Ex.P.8.	31.07.2019	Original registered Will and Testament executed byMrs. P.S. Saroja.
Ex.P.9	-	Affidavit of assets showing the net value of the estate as Rs.82,763/-
Ex.P.10.	-	Photocopyof PW2's Aadhar Card.