M.Ravi Bharathi v. Meenambal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on: 21.06.2024

Pronounced on: 28.06.2024

CORAM:

THE HON`BLE MR.JUSTICE P.B.BALAJI TOS.No.12 of 2020 M.Ravi Bharathi .. Petitioner/Plaintiff ..Vs.

Meenambal .. Caveator/8th Defendant Prayer: Original Petition has been filed under Sections 222 and 276 of the Indian Succession Act of XXXIX of 1925 for the grant of probate in common from the Will dated 21.11.2008, executed by late, J.Selvam deceased on 24.12.2018 and that probate thereof to have effect throughout the State of Tamil Nadu.

For Plaintiff : Mr.D.Gopinathan For Defendant : No Appearance 1/9

J U D G M E N T

Originally OP. No.560 of 2019 was filed seeking grant of probate with the Will of late J.Selvam dated 24.12.2018 annexed.

2. The 8th respondent alone filed a Caveat in pursuance of which, the Registry was directed to convert the Original Petition into TOS and accordingly, the above TOS came on file.

3. Though the 8th respondent as defendant had intended to object to the grant of probate in favour of the petitioner, she did not file any written statement and with no other option left, the defendant was set exparte on 22.12.2023 and the plaintiff was directed to lead exparte evidence to prove the Will.

3. Before the learned III Additional Master, the plaintiff examined himself as P.W.1. He has stated that he is the named Executor under the Will executed by late J.Selvam. He has further stated that Will was duly executed in the presence of two witnesses, R.Sivagnanasamy and G.Kamaraj and that as a family friend of the Testator, the plaintiff was appointed as the 2/9

Executor of the Will. Ex.P1- Ex.P51 were marked through P.W.1. Ex.P1 is the Original Will executed by the Testator on 24.12.2018. Ex.P5 is the Computer generated Death Certificate of the Testator issued by the Chennai Corporation.

4. One of the attesting witnesses, Mr.R.Sivagnanasamy, was examined as P.W.2. In his chief examination, he has stated that he is the first attesting witness to Ex.P1, Will and his affidavit of attesting witness has been marked as Ex.P.52. He has stated that Ex.P1, Will was executed by the Testator late J.Selvam in his persence and in the presence of the other attesting witness, Mr.G.Kamaraj and that the Testator was in good state of mind. Ex.P52 & Ex.P53 were marked through P.W.2. The second attesting witness Mr.G.Kamaraj, has been examined as P.W.3 and he has also spoken about the execution of the Will and also that of the attestation by himself and the other attesting witness Mr.R.Sivagnanasamy. Ex.P54- Ex.P55 were marked through P.W.3.

5. From the evidences of P.W.1 to P.W.3, due execution and attestation of the Will dated 24.12.2018 executed by late J.Selvam, has been 3/9

proved in accordance with the Section 63(c) of the Indian Succession Act read with Section 68 of the Indian Evidence Act. The plaintiff is therefore entitled to grant of probate as prayed for accordingly. No costs.

28.06.2024 Index : Yes/No Speaking/Non-speaking order rkp Witnesses examined on the side of the plaintiff: P.W.1. - Mr.M.Ravi Bharathi P.W.2 - Mr.R.Sivagnanasamy P.W.3 - Mr.G.Kamaraj Exhibits produced on the side of the plaintiff: S.No.

Exhibits Description 1.

Ex.P1 The original will executed by J. Selvam dated 24.12.2018 2.

Ex.P2 Photos (4 nos) with CD showing the execution of the will. 3.

Ex.P3 The original pendrive Ex.P4 The Original discharge summary of J. Selvam given by LIMA Multi speciality Hospital dated 29.12.2018 Ex.P5 Computer generated death certificate of J.Selvam issued by Chennai Corporation dated 18.01.2019 Ex. P6 Computer generated legal heir certificate of J.Selvam issued by Tahsildar, Ambattur Taluk dated 14.03.2019 4/9

Ex.P7 Certified Copy of the sale deed executed by Tamil Nadu Housing board in favour of J.Selvam vide Doc.No.7788/2006 dated 31.03.2006 in respect of item no.1 property.

Ex.P8 Certified copy of the settlement deed executed by Uma in favour of J.Selvam vide Doc.No.11861/2010 dated 30.12.2010 Ex.P9 Photocopy of the Joint Venture agreement executed by Krishna Builder with J.Selvam Ex.P10 Certified copy of the sale deed executed by K.Chidambaram and others in favour of J.Selvam vide Doc.No.1847/2003 dated 18.08.2003 Ex. P11 Certified copy of the sale deed executed by K.Chidambaram and others in favour of J.Selvam vide Doc.No.1848/2003 dated 18.08.2003 Ex. P12 Certified copy of the settlement deed executed by Uma in favour of J.Selvam vide Doc.No.3620/2016 dated 20.06.2016 Ex.P13 Certified copy of the settlement deed executed by Hariharan in favour of J.Selvam vide Doc.No.3730/2016 dated 08.07.2016 Ex.P14 Certified copy of the sale deed executed by Prabhakar in favour of J.Selvam vide Doc.No.

8307/2007 dated 12.07.2007 Ex.P15 Certified copy of the settlement deed executed by Uma in favour of J.Selvam vide Doc.No.11862/2010 dated 30.12.2010 Ex.P16 Certified copy of the sale deed executed by Elumalai in favour of J.Selvam vide Doc No.1295/2008 dated 21.07.2008 Ex.P17 Certified copy of the sale deed executed by S.Thanikasalam in favour of J.Selvam vide Doc No.1296/2008 dated 21.07.2008 Ex.P18 Certified copy of the sale deed executed by K.Rajendran in favour of J.Selvam vide Doc.No.466/2009 dated 24.03.2009 Ex.P19 Certified copy of the sale deed executed by K.Rajendran in favour of J.Selvam vide Doc.No.467/2009 dated 24.03.

Ex. P20 Certified copy of the sale deed executed by K.Rajendran in favour of J.Selvam vide Doc.No.480/2009 dated 25.03.2009 Ex.P21 Certified copy of the sale deed executed by K.Rajendran in favour of J.Selvam vide Doc.No.481/2009 dated 25.03.2009 Ex.P22 Certified copy of the sale deed executed by P.Sarangapani in favour of J.Selvam vide Doc.No.950/2009 dated 02.07.2009 Ex.P23 Certified copy of the sale deed executed by P.Sarangapani in favour of J.Selvam vide Doc.No.951/2009 dated 02.07.2009.

Ex.P24 Certified copy of the sale deed executed by M.Chakkarapani in favour of J.Selvam vide Doc.No.1375/2010 dated 04.08.2010 Ex.P25 Certified copy of the sale deed executed by P.Ramasamy & others in favour of J.Selvam vide Doc.No.1762/2010 dated 06.10.2010 Ex.P26 Certified copy of the sale deed executed by T.Raguraman in favour of J.Selvam vide Doc.No.2259/2010 dated 23.12.2010 Ex.P27 Certified copy of the sale deed executed by K.Devika in favour of J.Selvam vide Doc.No.1351/2014 dated 15.09.2014 Ex.P28 Certified copy of the Encumbrance Certificate issued by SRO Ambattur in respect of Item No.1 properties for the period from 01.01.1998 to 24.11.2022 dated 02.12.2022 Ex.P29 Certified copy of the Encumbrance Certificate issued by SRO Ambattur in respect of Item No.2 properties for the period from 09.05.1997 to 30.11.2022 dated 06.12.

2022 Ex.P30 Certified copy of the Encumbrance Certificate issued by SRO Kilsathanur in respect of Item No.3 properties for the period from 01.01.1998 to 25.11.2022 ( in respect of S.No.314/1) dated 28.11.2022 Ex.P31 Certified copy of the Encumbrance Certificate issued by SRO Kilsathanur in respect of Item No.3 properties for the period from 01.01.1998 to 25.11.2022 ( in respect of S.No.324/1) dated 28.11.2022 Ex.P32 Certified copy of the Encumbrance Certificate issued by SRO Kilsathanur in respect of Item No.

period from 01.01.1998 to 25.11.2022 dated 29.11.2022 Ex.P33 Certified copy of the Encumbrance Certificate issued by SRO Villivakam in respect of Item No.5 properties for the period from 01.01.1998 to 24.11.2022 dated 29.11.2022 Ex.P34 Certified copy of the Encumbrance Certificate issued by SRO Ambattur in respect of Item No.6 properties for the period from 01.01.1998 to 24.11.2022 dated 02.12.2022 Ex.P35 Certified copy of the Encumbrance Certificate issued by SRO Ambattur in respect of Item No.7 properties for the period from 09.05.1997 to 25.02.2021 dated 01.12.2022 Ex.P36 Certified copy of the Encumbrance Certificate issued by SRO Joint 1 Thindivanam in respect of Item No.8 properties for the period from 01.06.2003 to 30.11.2022 (in respect of Doc No.1295 and 1296/2008) dated 05.12.2022 Ex.

P37 Certified copy of the Encumbrance Certificate issued by SRO Joint 1 Thindivanam in respect of Item No.8 properties for the period from 01.06.2003 to 29.11.2022 (in respect of Doc No.466 of 2009) dated 01.12.2022 Ex.P38 Certified copy of the Encumbrance Certificate issued by SRO Joint 1 Thindivanam in respect of Item No.8 properties for the period from 01.06.2003 to 30.11.2022 (in respect of Doc No.467 of 2009) dated 01.12.2022 Ex.P39 Certified copy of the Encumbrance Certificate issued by SRO Joint 1 Thindivanam in respect of Item No.8 properties for the period from 01.06.2003 to 30.11.2022 (in respect of Doc No.480 of 2009) dated 01.12.2022 Ex.P40 Certified copy of the Encumbrance Certificate issued by SRO Joint 1 Thindivanam in respect of Item No.8 properties for the period from 01.06.2003 to 30.11.2022 (in respect of Doc No.

481 of 2009) dated 05.12.2022 Ex.P41 Certified copy of the Encumbrance Certificate issued by SRO Joint 1 Thindivanam in respect of Item No.8 properties for the period from 01.06.2003 to 30.11.2022 (in respect of Doc No.950 and 951 of 2009) dated 05.12.2022 Ex.P42 Certified copy of the Encumbrance Certificate issued by SRO Joint 1 Thindivanam in respect of Item No.8 properties for the period from 01.06.2003 to 29.11.2022 (in respect of Doc No.1375 and 1762 of 2010) dated 01.12.2022 Ex.

SRO Joint 1 Thindivanam in respect of Item No.8 properties for the period from 01.06.2003 to 30.11.2022 (in respect of Doc No.2259 of 2010) dated 05.12.2022 Ex.P44 Certified copy of the Encumbrance Certificate issued by SRO Joint 1 Thindivanam in respect of Item No.8 properties for the period from 01.06.2003 to 30.11.2022 (in respect of Doc No.1351 of 2014) dated 05.12.2022 Ex.P45 Consent affidavit of S.Uma Ex.P46 Consent of affidavit of S.Hariharan Ex.P47 Consent affidavit of S.Vignesh Ex.P48 Consent affidavit of S.Uma filed on behalf of her minor son J.S.Keshava Ex.P49 Consent affidavit of S.Srijayavanthi Ex.P50 Consent affidavit of S.Srijayavanthi filed on behalf of her minor daughter J.S.H.Janhaavi Ex.P51 Consent affidavit of S.Srijayavanthi filed on behalf of her minor daughter J.S.Swathi Ex.P52 Affidavit of attesting witness Ex.P53 Photocopy of the Aadhar Card of P.W.2.

Ex.P54 Affidavit of attesting witness Ex.P55 Photocopy of the Aadhar Card of P.W.3.

Witnesses examined on the side of the defendants: Nil.

Documents marked on the side of the defendants: Nil.

28.06.2024 rkp P.B.BALAJI,J.

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