J.Janakiraman v. J.Krishnamurthy And 6 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU J.Janakiraman ... Petitioner Vs 1.J.Krishnamurthy 2.J.Ruthramurthy @ Ruthiran 3.S.Gowri 4.Santhanalakshmi 5.Karthikeyan 6.Ganam 7.Jothi ... 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.Jebadas Pandian For Respondents : No appearance

ORDER

This Original Petition has been filed for issuance of probate for the last Will and testament dated 17.02.1992 executed by Late G.Jayaraman, 1/6

who died on 24.01.2004. The petitioner, first and second respondents are the sons, the sixth and seventh respondents are the daughters and the respondents three to five are the legal heirs of the deceased son J.Sivaganam of the testator. The petitioner is appointed as the executor under the Will. The respondents 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 certificates of the testator G.Jayaraman, J.Anadalammal (wife of the testator) and J.Sivagnanam (son of the testator), as Exs.P4, P5 and P6. The Original Will and Testament dated 17.02.1992, has been marked as Ex.P3. The legal heirship certificate of the testator is produced as Ex.P24. A perusal of Ex.P24 shows that the petitioner, the first, second, sixth and seventh respondents, and the deceased son J.Sivaganam are the only Class-I legal heir of the testator. The consent affidavits of the respondents has been marked as Exs.P14 to P20.

3. One Mr.G.Babu, who is the son of the first attesting witness (N.Govindaswamy) to the said Will has been examined as P.W.2. The first attestor to the Will died on 14.07.2003. He has identified the signature of 2/6

his father in the Will. One Mr.Rose Gandhi, who is the paternal aunt's son of the second attesting witness (D.Ekambaram) to the Will has been examined as P.W.3. He has identified the signature of his brother in-law in the Will, as he died on 04.12.2011.

4. In view of the said evidence, the execution of the Will stands proved. Hence, the Original Petition is allowed by granting probate for the last will and testament dated 17.02.1992.

gba Index :Yes/No Speaking: Yes/ No Petitioner's witness:

P.W.1 - Mr.J.Janakiraman P.W.2 - Mr.G.Babu P.W.3 - Mr.Rose Gandhi Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Photocopy of the Sale Deed dated 23.08.1972 executed in favour of Mr.G.Jayaraman 3/6

Exhibits Documents Ex.P2 Photocopy of the extract from the permanent land register standing in the name of Mr.G.Jayaraman Ex.P3 Original Will dated 17.02.1992 executed by Mr.G.Jayaraman Ex.P4 Original death certificate of Mr.G.Jayaraman Ex.P5 Computer generated death certificate of J.Anadalammal Ex.P6 Computer generated death certificate of Mr.J.Sivagnanam Ex.P7 Computer generated legal heirship certificate of Mr.J.Sivagnanam Ex.P8 Photocopy of the petitioner's Aadhaar card Ex.P9 Photocopy of the Aadhaar card of the 1st respondent Ex.P10 Photocopy of the Aadhaar card of the 2nd respondent Ex.P11 Photocopy of the Aadhaar card of the 3rd respondent Ex.P12 Photocopy of the Aadhaar card of the 4th respondent Ex.P13 Photocopy of the Aadhaar card of the 5th respondent 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.P18 Consent affidavit given by the 5th respondent Ex.P19 Consent affidavit given by the 6th respondent Ex.P20 Consent affidavit given by the 7th respondent Ex.P21 Computer generated death certificate of N.Govindasamy who is the first attesting witness in Ex.P3 Will Ex.P22 Computer generated death certificate of Ekambaram who is the second attesting witness in Ex.P3 Wil Ex.P23 Affidavit of assets showing the net value of the estate as Rs.48,00,000/- Ex.P24 Computer generated legal heirship certificate of Mr.

gba K.KUMARESH BABU,J.

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