IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-11-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL

1. M.A.Baskar S/o. M.R.Arumugam, No.113/55, New Street, Mannady, Chennai 600 001.

Petitioner(s)

Vs

1. Balaji R and 5 others S/o. P.Radha Krishnan, New No.16, Old No.91, Sami Pillai Street, Choolai, Chennai 600 112.

2.V.Bagirathi W/o. V.Vajravelu, No.26, Muthu Naicken Street, Perumalpet, Purasawakkam, Chennai 600 007.

3.B.Shanbagavalli, W/o. M.A.Baskar, No.113/55, New Street, Mannady, Chennai 600 001.

4.S.Geetha W/o. M.G.Saikumar, No.10/100, Padmavathi Nagar, Nalur, Thiruvallur District 601 203.

5.S.Shakila W/o. Sridhar, No.AP-1180, 4th Street, Thendral Colony, Anna Nagar West, Chennai 600 040.

6.R.Sharmila W/o. Ragunathan, No.J-42, Vaithiswaran Kovil Street, Poonamalle, Chennai 600 056.

Respondent(s)

PRAYER: The Original Petition has been filed under Sections 222 and 276 of the Indian Succession Act 39 of 1925 read with Order XXV Rule 4 of Original Side Rules praying 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.2,00,00,000/- and Net Amount of Rs.2,00,00,000/- Suc.duty of Rs.25,000/- paid on 10.07.2025 by e-C/F D.No.26210/2025.

For Petitioner(s): Anban Bharathy.S.A.

For Respondent(s): No appearance.

ORDER

This petition has been filed under Section 222 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 18.07.2004 executed by Late Mr. P. Radhakrishna Chetty to have effect limited to the State of Tamil Nadu.

2. According to the petitioner, he is the son-in-law of the Testator and executor of the Will executed by the Testator namely one Mr. P. Radhakrishnan also called as Mr. P. Radhakrishna Chetty. The last Will and Testament executed by the said deceased is dated 18.07.2004 and as per the said Will, the petitioner was nominated as an Executor to the Will. The said Mr. P. Radhakrishna Chetty died on 02.01.2005. The 1st respondent is the beneficiary and only son of the Testator and the respondents 2 to 6 are the daughters of the Testator. The Testator, during his lifetime, owned the schedule mentioned property which was bequeathed in favour of the 1st respondent after the lifetime of the mother of the 1st respondent Mrs. Santha, to whom a life interest was given by the Testator, through the above said Will. The said Mrs. Santha died on 14.09.2023. While execution of the above said Will by the deceased, Mrs. B.

Shanbagavalli and Mr.P. Govindaraj were present and the 1st attesting witness is one of the daughters of the deceased and the 2nd attesting witness passed away long back. The amount of assets which are likely to come into the petitioner’s hands does not exceed in the aggregate the sum of Rs.2,00,00,000/-. The petitioner has impleaded all the next of kin as respondents including the beneficiary viz., 1st respondent herein. There is no next of kin or other persons interested, to be impleaded.

3. The petitioner had undertaken 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 probate to the petitioner and also to render to this Court a true account of the said property within one year from the said date.

4. In order to prove the claim of the petitioner, he examined PW1 and PW2 and marked Ex.P.1 to Ex.P.8. PW1, the petitioner herein, 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 Late Mr. P. Radhakrishnan on 18.07.2004. The Original Will and testamant has been marked as 'Ex.P.3'. PW2 is one of the attesting witne