B.V.R.Subramanyam v. B.Kanaga Durga And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:18.04.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU B.V.R.Subramaniyam ... Petitioner Vs 1.B.Kanga Durga 2.T.Nagalath 3.B.Nagaraj ... 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 : Ms.R.J.Radhika For Respondents : No appearance
ORDER
This Original Petition has been filed for issuance of probate for the last Will and testament dated 04.08.2016 executed by Late B.V.L.Narasimha Rao, who died on 02.01.2017. The petitioner, second and third respondents are the son and daughters, first respondent is the wife of the testator. The petitioner has been appointed as an executor under the Will. The first and second respondents have been examined as P.W.3 and 1/4
P.W.4 and have expressed their consent in the proof affidavit for grant of probate.
2. The petitioner has been examined as P.W.1. He has produced the the death certificate of the testator B.V.L.Narasimha Rao, as Ex.P2, the Original unregistered Will and Testament dated 04.08.2016, has been produced as Ex.P1, and the legal heirship certificate of the testator B.V.L.Narasimha Rao, as Ex.P3. A perusal of Ex.P3 shows that the petitioner and the respondents are the only legal heirs of the testator B.V.L.Narasimha Rao. Despite the Court notice served on the third respondent, any objections have not been received, in this original petition from the third respondent herein or from any other person.
3. One G.V.L.Narasimha Rao, who is first attestor to the said Will has been examined as P.W.2. He has spoken about the execution of the Will by the testator and its attestation by himself and Mr.Venugopal Sistla.
4. In view of the said evidence, the execution of the Will stands proved. Hence, the Original Petition is allowed granting probate for the last will and testament dated 04.08.2016.
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gba Index :Yes/No Speaking: Yes/ No Petitioner's witness:
P.W.1 - Mr.B.V.R.Subramanyam P.W.2 - Mr.G.V.L.Narasimha Rao P.W.3 - Mrs.B.Kanaga Durga P.W.4 - Mrs.T.Naga Latha Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Original unregistered Will and Testament dated 04.08.2016 executed by Mr.B.V.L.Narasimha Rao Ex.P2 Computer generated death certificate of Mr.B.V.L.Narasimha Rao Ex.P3 Original legal heirship certificate of Mr.B.V.L.Narasimha Rao Ex.P4 Online printout of the property tax receipt dated 27.03.2022 Ex.P5 Online printout of the property tax receipt dated 23.08.2021 Ex.P6 Affidavit of assets showing the net value of the estate as Rs.80,00,000/- Ex.P7 Affidavit of the 1st attesting witness PW2 gba 3/4
K.KUMARESH BABU,J.
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