T.R.Sahadevan v. M/S.Vjps Trust
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL OP No.154 of 2025 T.R.Sahadevan
...Petitioner
Vs.
1.M/s.VJPS Trust Represented by its Managing Trustee T R Sahadevan No.189, Muthukrishnan Street, Bhuvaneshwari Nagar, 1st Main Road Extension, Velachery, Chennai - 600 042.
2. N.Raman S/o. Natesan
...Respondents
Prayer : Original Petition is filed under Sections 222 and 276 of the Indian Succession Act 1925 and r/w Order XXV Rule 4 of the Madras High Court Original Side Rules for issuing Probate.
Page No.1 of 7
For Petitioner(s) :
M/s.A.Ashok For Respondent(s) :
R1-No appearance R2 - Mr.P.Abishek.
ORDER
This original petition has been filed under Sections 222 and 276 of the Indian Succession Act, 1925, and r/w Order XXV Rule 4 of the Madras High Court Original Side Rules, seeking to grant Probate of the Will dated 03.01.2000 executed by the late Mr.Natesan to have effect limited to the State of Tamil Nadu.
2. According to the petitioner, the deceased/testator, namely Mr.Natesan, S/o.Krishnasamy Iyer (Late), owned a property in Chennai, Velachery Village, Survey No.317/1A, Part in T.S.No.1/1, Block No.189, to an extent of 0.90 cents, at Mambalam-Guindy Taluk and the same was bequeathed in favour of the first respondent/VJPS Trust by appointing the petitioner as executor. Thereafter, the testator, namely, Mr.Natesan, died on 07.03.2000 and after his demise, the Will came into effect. Therefore, the petitioner filed this petition.
Page No.2 of 7
3. After the filing of this petition, this Court directed the petitioner to effect paper publication, and the same was also effected and thereafter no objection was received from any party. Thereafter, the case was posted for recording evidence, and the evidence was also recorded. On the side of the petitioner, P.W.1 to P.W.3 were examined and Exs.P1 to P14 were marked. The Original Will dated 03.01.2000 has been marked as Ex.P4.
4. This Court also perused the entire materials and perusal of the records and the evidences adduced by the petitioner's side; they revealed that the testator/deceased, namely, Mr.Natesan, S/o.Krishnasamy Iyer (Late), owned a property in Chennai, Velachery Village, Survey No.317/1A, Part in T.S.No.1/1, Block No.189, to an extent of 0.90 cents, at MambalamGuindy Taluk and the same was bequeathed through the Will dated 03.01.2000 in favour of the first respondent/VJPS Trust. The testator died on 07.03.2000.
5. P.W.1 is the petitioner and he deposed about the Will. P.W.2 is none other than the only son of the testator, namely Mr.Natesan, who is one Page No.3 of 7
of the attesting witness in the Will and he categorically deposed about the execution and attestation of the Will. P.W.3 is the another attesting witness of the Will and she also categorically deposed about the execution and attestation of the Will. Therefore, the execution and attestation of the Will has been duly proved in accordance with the law. As per the Will, the petitioner was appointed as executor and therefore, he is entitled to the relief as prayed for in this petition.
6. As a result, the Original Petition is allowed and the Will dated 03.01.2000 executed by the deceased/testator, namely Mr.Natesan, S/o.Krishnasamy Iyer (Late) is hereby probated. 11.09.2025 dk Index : Yes/No Speaking Order : Yes/No List of Petitioner side Witnesses:
P.W.1 : Mr.T.R.Sahadevan P.W.2 : Mr.N.Raman P.W.3 : Mrs.Vijaya Page No.4 of 7
List of Petitioner side Documents:
Ex.P1 : The photocopy of the Sale Deed dated 29.11.1957. Ex.P2 : The photocopy of the Sale Deed dated 22.10.1962. Ex.P3 : The photocopy of the death certificate of Mrs.Saraswathi who died on 22.11.1999.
Ex.P4 : The original Will executed by Mr.Natesan in favour of VJPS Trust dated 03.01.2000.
Ex.P5 : The computer generated copy of the death certificate of Mr.Natesan who died on 07.03.2000.
Ex.P6 : The photocopy of the legal heir certificate Mr.Natesan dated 09.01.2012.
Ex.P7 : The photocopy of the A Register in the name of Mr.K.Natesan Ex.P8 : The computer generated copy of the assessment and property tax.
Ex.P9 : The original letter from Tahsildar dated 22.04.2022. Ex.P10 : The affidavit of assets showing the net value of the estate Rs.4,79,90,000/- Page No.5 of 7
Ex.P11 : The affidavit of attesting witness, P.W.2. Ex.P12 : The photocopy of the attesting witness, P.W.2 Ex.P13 : The affidavit of attesting witness, P.W.3 Ex.P14 : The photocopy of adhaar card of the attesting witness, P.W.3 11.09.2025 Page No.6 of 7
P. DHANABAL,J.
dk OP No.154 of 2025 11.09.2025 Page No.7 of 7