High Court · 2025

O.P. No.214 of 2024 O.P. No.214 of 2024P. DHANABAL,J.,This petition has been posted under the caption 'for being mentioned' today.2. The learned counsel appearing for the petitioner brought to the notice of this Court that the name of the counsel appearing for the petitioner has wrongly been typed as Mrs. A. Vidya instead of M/s. Viruksham Legal and the said error may be corrected.3. In view of the above submission, the said correction has to be carried out. 4. Accordingly, the name of the learned counsel appearing for the petitioner has been corrected as "M/s. Viruksham Legal" instead "Mrs. A. Vidya".5. The Registry is directed to issue a fresh order copy after Page No.1 of 11 https://www.mhc.tn.gov.in/judis O.P. No.214 of 2024carrying out necessary corrections. 25.09.2025mjs Note: Issue order copy by 26.09.2025.IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 10.09.2025CORAM : THE HONOURABLE MR.JUSTICE P.DHANABALO.P. No.214 of 2024Ravishankar Srinivasan S/o. Late Srinivasan…PetitionerVs1. Nirmala S. (Deceased)W/o. Sundararaman and D/o. Late Srinivasan2. Indra Subramaniam W/o. T.S. Subramanian and D/o. Late Srinivasan3. S. Ranganathan S/o. Late Srinivasan4. Ramani S/o. Late Srinivasan5. Sonia Mohan W/o. Late Rajamohan Page No.2 of 11 https://www.mhc.tn.gov.in/judis O.P. No.214 of 20246. Meyolien Mohan D/o. Late Rajamohan7. Ganesh Sundararaman S/o. Sundararaman8. Suresh Sundararaman S/o. Sundararaman9. Shanthi Sridharan D/o. Sundararaman(Respondents 7 to 9 brought on record as legal heirs of the 1st respondent / deceased as per order in A. No.3622 of 2025Dated 30.07.2025)…Respondents PRAYER: Original Petition is filed under Section 222(1) and 276 of the Indian Succession Act 1925 and under Order XXV Rule 4 of Madras High Court Original Side Rules for issuing Probate.For petitioners:Mrs. A. VidyaFor RespondentsFor R1 to R4 andMs. A. Rexy Josephine Mary R7 to R9:R5, R6 :No appearance.ORDER This petition has been filed under Section 222(1) and 276 of the Indian Succession Act read with Order XXV Rule 4 of Madras High Court Original Side Rules seeking to grant Probate of the Will dated 12.01.1998 executed by late K. Srinivasan to have effect limited to the State of Tamil Nadu.Page No.3 of 11 https://www.mhc.tn.gov.in/judis O.P. No.214 of 20242. The petition has been filed for grant of probate of Will executed by one late K. Srinivasan on 12.01.1998. According to the petitioner, the petitioner and the respondents 1 to 4 are the sons and daughters of the said (late) K. Srinivasan. The respondents 5 and 6 are the wife and daughter of the brother of the petitioner namely Rajamohan, 3rd son of late K. Srinivasan. The respondents 7 to 9 are the legal heirs of the 1st respondent late S. Nirmala. The deceased K. Srinivasan appointed his wife S. Jayalakshmi as executor of the Will dated 12.01.1998 and after the demise of the said S. Jayalakshmi on 04.06.2003, the petitioner became the executor of the Will dated 12.01.1998. The properties bequeathed in the said Will are immovable properties situated at Anthakudi Village, Tiruvarur District, Tambaram, Chennai, K.K. Nagar, Chennai and Ashok Nagar, Chennai, more fully described in the schedule, which were the self-acquired properties of Late K. Srinivasan. The petitioner and the respondents are the legal heirs of the testator. The property in Schedule A was taken possession by the 1st son of the testator/the 3rd respondent herein. The Schedule B property was taken by the petitioner Page No.4 of 11 https://www.mhc.tn.gov.in/judis O.P. No.214 of 2024herein. The Schedule-C property was taken by the 3rd son of the testator, Rajamohan, who died on 03.03.2004 and the legal heirs of the said Rajamohan, are the respondents 5 and 6 herein. The Schedule-D property was taken possession by the 4th son Ramani, the 4th respondent herein. After the demise of the Testator Late K. Srinivasan, the subject registered Will and Testament dated 12.01.1998 was in the possession of the 4th respondent herein. All the legal heirs of the Testator took possession of their respective properties and effected mutation of revenue records in their respective names upon the Will coming into effect. 3. The Testator, at the time of his demise, was survived by his legal heirs viz. Late Jayalakshmi (wife) and 6 children (2 daughters and 4 sons). All the surviving legal heirs at present are the parties to this probate. The petitioner has impleaded all the next of kin of the testator and other persons interested as respondents and there is no next kin or other persons interested to be impleaded. The amount of assets which is likely to come to the Page No.5 of 11 https://www.mhc.tn.gov.in/judis O.P. No.214 of 2024petitioner’s hand does not exceed in the aggregate sum of Rs.1,25,10,000/- and net amount of the said assets after deducting all the items, which the petitioner is by law allowed to deduct is only of the value of is Rs.1,25,10,000/-. The petitioner hereby undertakes to duly administer the specified property and credits of the deceased in any way concerned his Will by paying the debts first and then the legacies therein bequeathed so far as the assets will extend and to make full and true inventory thereof and exhibits the same in this Court within the six months from the date of the grant of Will annexed to the petition and also to render to this Court a true account of the said property within one year from the said date.4. The petitioner was examined as PW1 and marked Ex.P.1 to Ex.P.8. PW1 in his evidence 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 deceased K. Srinivasan on 12.01.1998. One Mr. R. Vijayaraghavan, who is one of the attesting witnesses in the Will, has been examined as PW2. In his evidence, he had stated that the testator Page No.6 of 11 https://www.mhc.tn.gov.in/judis O.P. No.214 of 2024was in sound state of mind while executing the Will and he had also seen the testator signing the Will and the other attesting witness subscribing his signature in the document. He has also stated that the testator had seen the attesting witnesses subscribing their signatures in the Will. The evidence of attesting witness not only proved the execution but also the attestation of the Will and there is no other material to suspect the Will.5. From the averments made in the petition and the depositions of PW1 and PW2 supported by the documents, it is clear that the petitioner has proved his claim and there is no contra evidence. Hence, this Court is satisfied that the petitioner is entitled to the relief as prayed for in the petition.6. In the result, the Original Petition is allowed and the Will executed by late K. Srinivasan dated 12.01.1998 is hereby probated.10.09.2025Index:Yes/No Speaking Order:Yes/NoPage No.7 of 11 https://www.mhc.tn.gov.in/judis O.P. No.214 of 2024mjsList of Petitioner side Witnesses:PW1:Mr. Ravishankar PW2:Mr. R. VijayaraghavanList of Petitioner side Documents:Exhibit No.DateDescription of Documents.Ex.P.1-Photocopy of the Aadhar Card of the petitioner.Ex.P.221.12.1998Original Death Certificate of Late K. Srinivasan.Ex.P.309.02.1999Original Legal Heirship Certificate of Late K. SrinivasanEx.P.412.06.2003Original Death Certificate of S. Jayalakshmi.Ex.P.503.03.2004Photocopy of the Death Certificate of Mr. Rajamohan (with legible copy).Ex.P.626.11.1993Original Sale Deed executed by Mr. V. Srinivasan in favour of the Late K. Srinivasan registered as Doc. No.5393/1993 in the office of Sub-Registrar of Kodambakkam.Page No.8 of 11 https://www.mhc.tn.gov.in/judis O.P. No.214 of 2024Ex.P716.12.1997Original Sale Deed executed by Mrs. Adilakshmi in favouor of the Late K. Srinivasan registered as Doc. No.5518/1997 in the Sub-Registrar office of Tambaram.Ex.P.8.12.01.1998Original Will and Testament executed by Late K. Srinivasan and registered as Doc. No.6/1998 in the office of Sub-Registrar, Tambaram.Page No.9 of 11 https://www.mhc.tn.gov.in/judis O.P. No.214 of 2024P.DHANABAL.,Jmjs O.P. No.214 of 2024Page No.10 of 11 https://www.mhc.tn.gov.in/judis O.P. No.214 of 202410.09.2025Page No.11 of 11