V.S.Ravi v. Mrs.Mangala Devi And 5 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.04.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU V.S.Ravi ... Petitioner Vs 1.Mrs.Mangala Devi 2.Mrs.Dharma Sabapathy 3.Mr.V.S.Velusamy 4.Mrs.Latha 5.Mrs.Saraswathy 6.Mrs.Asha Priya ... Respondents PRAYER: Original Petition filed for Testamentary and Intestate under Section 222 and 276 of Indian Succession Act, 1925 under Order XXV Rule 4 of Original Side Rules, prays to prove the Will in common form and that the Probate thereof.
For Petitioner : Mr.K.Balaji
ORDER
This Original Petition has been filed for issuance of probate for the last Will and testament dated 07.06.1989 executed by Late Saradha 1/5
Somasundaram, who died on 04.07.2022. The petitioner and 3rd respondent are the sons, respondents 1, 2 and 4 are the daughters, respondents 5 and 6 are the legal heirs of the deceased son V.S.Sivakumar of the testatrix. The respondents 1 to 6 have filed their consent affidavits expressing their consent for grant of probate.
2. The petitioner has been examined as P.W.1. He has produced the death certificate of the testatrix Saradha Somasundaram, as Ex.P12 and the death certificates of V.S.Sivakumar (son of the testatrix) and V.Somasundaram (husband of the testatrix) as Exs.P1 and P2. The Original Will and Testament dated 07.06.1989 as Ex.P10.
3. One Mr.V.S.Velusamy, who is the brother of the first attesting witness and son of the testatrix, has been examined as P.W.2. He has identified the signature of the testatrix and first attesting witness, as that of his elder brother, died on 19.04.2022. One Mrs.Saraswathy was examined as P.W.3, she is the daughter in-law of the testatrix and wife of the first attesting witness, she has also identified the signature of the testatrix and first attesting witness, as that of her husband. The consent affidavits of the respondents 1 to 6 has been marked as Exs. P14 to P19. 2/5
4. In view of the said facts and evidence, the execution of the Will stands proved. Hence, the Original Petition is allowed granting probate for the last will and testament dated 07.06.1989. Index :Yes/No Speaking: Yes/ No Petitioner's witness:
P.W.1 -Mr.V.S.Ravi P.W.2 - Mr.V.S.Velusamy P.W.3- Mrs.Saraswathy Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Computer generated death certificate of Mr.V.Somasundaram Ex.P2 Computer generated death certificate of Mr.V.S.Sivakumar Ex.P3 Certified copy of the Sale Deed dated 17.01.1957, executed in favour of MrS.Sarada Ex.P4 CMWSSB Tax Card standing in the name of Mrs.Sarada Somasundaram Ex.P5 CMWSSB Tax Receipts standing in the name of Mrs.Sarada Somasundaram (Series 4 Nos) Ex.P6 CMWSSB Tax online Receipts standing in the name of Mrs.Sarada Somasundram 3/5
Exhibits Documents Ex.P7 EB Card standing in the name of Mrs.Sarada Somasundaram Ex.P8 Property Tax demand card standing in the name of Mr.S.Veluswamy Ex.P9 Computer generated property tax receipt standing in the name of Mr.S.Velusamy Ex.P10 Original Will dated 07.06.1989 executed by Mrs.Sarada Somasundaram Ex.P11 Certified copy of the Settlement Deed dated 14.12.1987 executed by Mrs.Sarada Somasundram in favour of Mr.V.S.Sivakumar Ex.P12 Computer generator death certificate of Mrs.Saradha Somasundaram Ex.P13 Affidavit of assets showing the net value of the estate as Rs.35,00,000/- Ex.P14 Consent affidavit given by the 1st respondent Ex.P15 Consent affidavit given by the 2nd respondent Ex.P16 Consent affidavit given by the 3rd respondent Ex.P17 Consent affidavit given by the 4th respondent Ex.P.
18 Consent affidavit given by the 5th respondent Ex.P.19 Consent affidavit given by the 6th respondent Ex.P.20 Photocopy of Aadhaar Card of the Petitioner Ex.P.21 Photocopy of Aadhaar Card of Mrs.Saradha Somasundaram Ex.P.22 Aadhaar Card of V.S.Velusamy Ex.P.23 Affidavit of V.S.Velusamy Ex.P.24 Aadhaar Card of Saraswathy Ex.P.
K.KUMARESH BABU,J.
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