OP No. 450 of 2025 __________ Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-08-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE OP No. 450 of 2025 V. Jagathkumar Son of Mr. R. Vedachalam L 12/3, East Avenue, Tamil Nadu Housing Board, Korattur, Tiruvallur, Tamil Nadu - 600 080. ..Petitioner(s) Vs 1. R. Vedachalam and 3 others L-12-3, East Avenue, Korattur, Chennai - 600 080. 2. S. Charumathi Plot No. 92, D. No. F2, Jems Apple Valley, Malleswari Nagar, Madambakkam, Chennai - 600 126. 3. R. Anandakumar D-202, Malles Arcadia, Chockalingam Nagar, AGS Colony, Velachery, Chennai - 600 042. 4. S.Bharath Kumar S/o. Late R.Sadasivan, No.9,13th Street, Nandanam Extension, Chennai 600 035. ..Respondent(s) Prayer in OP No. 450 of 2025: Petition filed for grant of probate with Will Annexec under Section 222 & 276 of the Indian Succession Act XXXIX of https://www.mhc.tn.gov.in/judis OP No. 450 of 2025 __________ Page2 of 7 1925 read with Order XXV rule 4 of Rules of the High Court Madras Original Side Rules 1956, that the Petitioner may be allowed to prove the Will in common form and that the Probate thereof to have effect throughout the State of Tamil Nadu may be granted to him. Gross amount of Rs.5,00,00,000/- and Net amount of Rs.5,00,00,000/- Suc Duty of Rs.25,000/- E-C/F paid on 24.09.2025 D.No.27829/2025. OP No. 450 of 2025 For Petitioner(s): Mr A.Arvind Raj for M/S.BFS legal For Respondent(s): M/s.Lokeshvaran.A For R1 M/s. R.Apoorva for R2 M/s.Fouziya Farmeen.R For R3 - M/s.P.Tushar Kumar For R4 ORDER 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 the grant of probate of the last will dated 08.01.2015, executed by the late R. Krishnamurthi. 2. The petitioner states that the testator was a bachelor with no children. His parents had predeceased him. The testator ordinarily resided at No.9, 13th Street, Nandanam Extension, Chennai–600 035, and died on 17.12.2023. Under the Will dated 08.01.2015, registered as Document No.1 of 2015 with the Sub- https://www.mhc.tn.gov.in/judis OP No. 450 of 2025 __________ Page3 of 7 Registrar, Chennai Central Joint-I, the petitioner, nephew of the testator, appointed as executor. The immovable property described in the schedule to the petition was bequeathed to the fourth respondent. The estate has been valued at Rs.5,00,00,000/-. 3. Respondents 1 to 3 are the surviving siblings of the testator. The fourth respondent is the son of the testator’s predeceased brother, R. Sadasivan, and is the legatee under the Will. Respondents 1 to 3 have filed affidavits consenting to the grant of probate. 4. The petitioner examined himself as P.W.1. The original Will dated 08.01.2015 was marked as Ex.P1. The title document, death certificates, legal heir certificate, affidavit of assets, and other supporting documents were also marked. R. Vedachalam and N.K. Sreedharan, along with the two attesting witnesses, were examined as P.Ws. 2 and 3. Both witnesses deposed to the execution of the Will by the testator in their presence, their attestation in the presence of the testator and of each other, and the testator's sound and disposing state of mind at the time of execution. 5. By order dated 13.07.2026, this Court noted that, while the petition described the second respondent as the testator’s sister, her consent affidavit https://www.mhc.tn.gov.in/judis OP No. 450 of 2025 __________ Page4 of 7 referred to the testator as her deceased husband’s uncle. The petitioner was therefore directed to clarify her relationship and parentage. 6. In compliance with the said direction, the petitioner has filed a clarificatory affidavit detailing the family's genealogy. The second respondent has also filed an affidavit stating that she is the daughter of the late C.S. Ramamurthi and the late Kamakshi Ramamurthi, and the sister of the testator. She has explained that the contrary recital in her earlier consent affidavit was an inadvertent error and has reiterated her consent to the grant of probate. The discrepancy is therefore satisfactorily explained. 7. The evidence of P.Ws. 2 and 3 establishes the due execution and attestation of the Will in accordance with Section 63 of the Indian Succession Act, 1925. The petitioner, being the executor named in the Will, is entitled to seek probate under Section 222 of the Act. No caveat or opposition has been entered. There is also no material giving rise to any suspicious circumstances surrounding the execution of the Will. 8. Accordingly, this Original Petition is allowed. Probate of the last will of the late R. Krishnamurthi, dated 08.01.2015, shall be granted to the petitioner, V. Jagathkumar, as the executor named therein, in respect of the property and https://www.mhc.tn.gov.in/judis OP No. 450 of 2025 __________ Page5 of 7 credits described in the schedule to the petition, with effect throughout the State of Tamil Nadu. 9.The petitioner shall duly administer the estate and file a true and full inventory within six months from the date of grant and render true and proper accounts within one year from the said date. No order as to costs. 03-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No JRS https://www.mhc.tn.gov.in/judis OP No. 450 of 2025 __________ Page6 of 7 Petitioner's witness: P.W.1 –Mr.V.Jagathkumar P.W.2- Mr.R.Vedhachalam P.W.3-Mr.N.K.Sreedharan Documents exhibited by the petitioners: Exhibits Documents Ex.P1 Original Will dated 08.01.2015 executed by Mr.R.Krishnamurthi Ex.P2 Photocopy of the sale deed dated 26.08.1986 (compared with the Original) Ex.P3 Computer generated death certificate of R.Padmavathy Ex.P4 Computer generated death certificate of R.Sadasivam Ex.P5 Computer generated death certificate of Krishnamurthi.R Ex.P6 Computer generated death certificate of Krishnamurthi.R Ex.P7 Photocopy of the Aadhaar Card of Mr.Jagath Kumar Vedachalam (compared with the Original) Ex.P8 Affidavit of assets showing the net value of the estate as Rs.5,00,00,000/- Ex.P9 Certificate under Section 63(4)(C) of BSA 03.08.2026 jrs https://www.mhc.tn.gov.in/judis OP No. 450 of 2025 __________ Page7 of 7 DR.A.D.MARIA CLETE J. JRS OP No. 450 of 2025 03-08-2026 https://www.mhc.tn.gov.in/judis