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CDJ 2026 MHC 6823 My Notes print Preview print print
Court : High Court of Judicature at Madras
Case No : OP. No. 466 of 2025
Judges: THE HONOURABLE DR.(MRS) JUSTICE A.D. MARIA CLETE
Parties : C.T. Vetrivel Versus Thirunavukarasu
Appearing Advocates : For the Petitioner: K. Thirunavukarasu, Advocate. For the Respondent: R.J.A. Stephen Loie, Advocate.
Date of Judgment : 17-09-2026
Head Note :-
Indian Succession Act - Section 222, Section 276 -
Judgment :-

(Prayer: Original Petition filed under Sections 222 & 276 of the Indian Succession Act, read with Order XXV Rule 4 of O.S. Rules, that he may be allowed to prove the Will in common form and that probate thereof, to have effect limited to the State of Tamil Nadu, may be granted to him Gross amount of Rs.85,00,000/- Net Amount of Rs.84,75,000/- Suc.duty of Rs.25,000/- paid on 11.02.2026 by e-C/F D.No.4906/2026.)

1. This Original Petition has been filed under Sections 222 and 276 of the Indian Succession Act, 1925, read with Order XXV Rule 4 of the Original Side Rules, seeking grant of Probate in respect of the last Will and testament dated 10.10.2022 of late Souppouramaniane alias Subramanian.

2. The petitioner, C.T. Vetrivel, is the executor appointed under the Will. The respondent, C.P. Thirunavukarasu, is the brother of the deceased testator's wife, late Sarojini, and is the beneficiary under the Will. The petitioner is the son of the respondent. The testator and his wife had no children. The testator's wife, Sarojini, predeceased him on 14.01.2024, and the testator thereafter died on 24.01.2024 at Puducherry at the age of 99 years.

3. The estate consists principally of the property situated at Plot No.5, Door No.151(1D), First Floor, Eldams Road, Teynampet, Chennai. The petitioner states that the deceased executed his last Will and testament on 10.10.2022, appointing the petitioner as executor and bequeathing the schedule mentioned property in favour of the respondent. The Will itself records that the testator had no brothers, sisters or other relatives, and the testator and his wife had no children. The petition also states that there is no other legal heir to dispute the scheduled property apart from the beneficiary under the Will.

4. Notice was issued to the respondent and the respondent has entered appearance through counsel. Notice of the probate proceedings was also issued in Form 57 and affixed on the Court Notice Board. General publication/public notice was also effected inviting objections, including publication in Maalai Malar, Puducherry on 25.09.2024. No caveat or objection opposing the grant is before this Court.

5. By order dated 26.03.2026, this Court noticed that the respondent/beneficiary is the father of the petitioner/executor and that the wife of the testator was alive at the time of execution of the Will. The petitioner was, therefore, directed to file a supplementary affidavit explaining the circumstances in which he came to be appointed as executor and the circumstances relating to the testator and his wife prior to their demise. In compliance with the said direction, the petitioner filed a supplementary affidavit dated 01.04.2026, explaining his long association with the testator and his wife and his involvement in matters relating to the scheduled property. Thereafter, the matter was sent to the learned Master for recording evidence.

6. The petitioner was examined as P.W.1 before the learned Master on 12.08.2026 and marked Exs.P1 to P13. Ex.P1 is the original Will and Testament dated 10.10.2022. Ex.P8 is the death certificate of the testator. Ex.P9 is the letter dated 27.08.2024 addressed to the Sub-Registrar, Chennai Central Joint-I. Ex.P10 consists of the original notarized affidavits of the petitioner and the two witnesses.

7. K. Kichenaradjou, the first attesting witness to the Will, was examined as P.W.2 on 19.08.2026. He stated that he had known the testator for more than ten years and that he was the first attesting witness to Ex.P1 Will. He deposed that the testator was in a sound state of mind and good health at the time of execution of the Will and that the testator signed Ex.P1 in his presence and in the presence of the second attesting witness, S. Suresh.

8. S. Suresh, the second attesting witness, was examined as P.W.3. He stated that he had known the testator for nearly fifteen years and that Ex.P1 Will was executed on 10.10.2022 at the residence of the testator at Puducherry. He further stated that the testator was in a sound state of mind and good health and signed the Will in his presence and in the presence of P.W.2.

9. The evidence of P.W.2 and P.W.3 satisfactorily proves the execution and attestation of Ex.P1 Will. On consideration of the pleadings, the oral and documentary evidence and the absence of any caveat or objection, this Court is satisfied that the Will dated 10.10.2022 executed by late Souppouramaniane alias Subramanian has been duly proved in the manner known to law and that there is no impediment to grant Probate in favour of the petitioner.

10. Accordingly, this Original Petition is allowed. Probate of the Will dated 10.10.2022 executed by late Souppouramaniane alias Subramanian shall be granted in favour of the petitioner, C.T. Vetrivel, being the executor named therein, having effect throughout the State of Tamil Nadu. The petitioner shall file a full and true inventory of the estate within six months and render a true and correct account thereof within one year from the date of grant. No costs.
 
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