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Madras High CourtOP/305/2025allowed

Srikanth Anandal v. R.Ranganayaki And 2 Others

2025-11-06Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE P.DHANABAL Srikanth Anandal S/o. Late A.G.Ranganathan ... Petitioner vs.

1.R.Ranganayaki W/o. Late A.G.Ranganathan 2.Geetha 3.Dharani ... Respondents PRAYER: Original Petition is filed under Section 222 and 276 of the Indian Succession Act XXXIX of 1925 r.w. Order XXV Rule 4 of Madras High Court Original Side Rules for issuing Probate. For Petitioner : Mr.K.Harishankar For Respondents : No appearance

ORDER

This petition has been filed under Sections 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 14.12.2023 executed by the Testator Late A.G.Ranganathan.

2. According to the petitioner, the Testator namely, A.G.Ranganathan is the husband of the first respondent and father of the petitioner, respondents 2 and 3. The said Ranganathan had immovable properties in his name and thereafter died on 07.01.2025. During his lifetime, he executed a Will dated 14.12.2023, bequeathing his properties to the petitioner. The petitioner and the respondents are the legal heirs of the deceased Ranganathan and he included all his legal heirs. The Will dated 14.12.2023 is the last Will. As per the Will, the properties of the Testator namely, Ranganathan have been bequeathed in favour of the petitioner and the respondents 2 and 3. The petitioner was appointed as Executor and therefore, he filed this Original Petition.

3. In order to prove the claim of the petitioner, PW1 and PW2 were examined on the side of the petitioner and Ex.P1 to Ex.P9 were marked. Ex.P1 is the Will executed by the Testator Ranganathan. PW2 is the attesting witness of the Will and he deposed about the execution of

the Will and attestation of the Will. Moreover, the respondents have no any objection to grant probate of the Will. As per Ex.P1 / Will, the petitioner and the respondents 2 and 3 are the beneficiaries and the petitioner was appointed as Executor and therefore, he filed this original petition.

4. On careful perusal of the evidence of PW1 and PW2 and Ex.P1 to Ex.P9, the case of the petitioner has been amply proved through sufficient evidences. Hence, this Court is satisfied that the petitioner is entitled to the relief as prayed for in the petition. Though the name of the petitioner has been mentioned in the Will as Srikanth, according to the petitioner, his full name is Srikanth Anandal.

5. In the result, the Original Petition is allowed and the Will executed by Late A.G.Ranganathan dated 14.12.2023 is hereby probated. Index : Yes/No Speaking / Non-speaking order mtl

APPENDIX:

List of Petitioners side Witnesses:

P.W.1 : Mr.Srikanth Anandal P.W.2 : Mr.K.Kanesan List of Petitioners side Documents:

Exhibit No.

Date Description of Documents Ex.P1 14.12.2023 Photostat copy of unregistered Will and Testament executed by A.G.Ranganathan Ex.P2 22.01.2025 Computer generated Death Certificate of A.G.Ranganathan Ex.P3 03.02.2025 Computer generated Legal Heirship Certificate of A.G.Ranganathan Ex.P4 25.07.2024 Downloaded copy of the property tax receipt dated 25.07.2024 bearing Receipt No.202425/ON/0691026 stands in the name of A.G.Ranganathan Ex.P5 25.07.2024 Downloaded copy of the property tax receipt dated 25.07.2024 bearing Receipt No.202425/ON/0691225 stands in the name of A.G.Ranganathan

Ex.P6 24.04.2006 Photostat copy of Sale Deed executed in favour of A.G.Ranganathan (compared with the original) Ex.P7 09.10.2025 Certificate under Section 63(4)(c) of the Bhratiya Sakshya Adhiniyam, 2023 in respect of Ex.P2 to Ex.P5 Ex.P8 08.03.2025 Affidavit of assets Ex.P9 -------- Photostat copy of Mr.K.Kanesan/PW2 Aadhar Card

P.DHANABAL, J.

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