R.Vedhagiri v. M/S.R.Indira Rajkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 19TH DAY OF JULY 2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN O.P.No. 239 of 2019 In the matter of Indian Succession Act, XXXIX of and In the matter of Last Will and Testament of Late R.Venkatraman- deceased

1. R.VEDAGIRI, S/O.LATE N.RAMACHANDRAN, FLAT 3, NEW 10, OLD NO.18, DEVANATHAN COLONY, WEST MAMBALAM, CHENNAI-600 033 ..Petitioner -vs1.M/S.R.INDIRA RAJKUMAR, W/O.RAJKUMAR, NO.6-1-118/5, PADMA RAO NAGAR, SECUNDERABAD, TELENGANA-500 025.

2. V.MALLIKA , W/O.R.VEDAGIRI, NEW NO.10, OLD NO.18, FLAT 3, DEVANATHAN COLONY, CHENNAI-600 033.

3. N.SUMATHI, W/O.NARAYANAN, NO.204, SR.CITIZEN CENTRE, VOLUNTARY HEALTH SERVICE, TARAMANI, CHENNAI-600 113.

4. PREMA, W/O.K.A.SHARMA, H/175, AKANKSHA DUPLEX, SAMTA-LAKSHMIPURA ROAD, VADODARA-390 023.

..Respondents Original Petition praying that this Hon'ble Court be pleased to prove that the Will in Common form and that Probate thereof to have effect limited to the State of Tamil Nadu may be granted to him.

This Original Petition coming on this day before this court for hearing the court made the following order: The petitioner seeks issuance of Probate for the last Will and Testament of late R.Venkatraman dated 01.07.2012, who died on 13.10.2018.

2. The petitioner has been appointed as executor. The said late R.Venkatraman is survived by the respondents who are his sisters. Late R.Venkatraman died issue less and his wife pre-deceased him. Hence, his sisters being Class-II heirs would have inherited the property in the absence of Will.

3. The respondents 1 to 4 who are the sisters of testator have given their consent affidavits expressing their no objection for grant of Probate. The said consent affidavits have been marked as Ex.P5 to Ex.P8. The death certificate of late R.Venkatraman has been marked as Ex.P1 and the original Will has been marked as Ex.P2. The death certificate of Vijayalakshmi, wife of R.Venkatraman has been marked as Ex.P3.

4. The petitioner has also examined one N.Balachanderan as PW2. He has spoken about the execution of the Will by the testator and its attestation by himself and one Dr.R.Venkatasubramanian.

5. From the above evidence, I find that the petitioner has proved the Will in common form and is entitled to Probate.

6. In fine, this Original Petition is allowed granting Probate in respect of the Will of R.Venkatraman dated 01.07.2012.

Sd/.R.S.M.J 19.07.2019 //Certified to be a true copy// Dated this the day of 2019.

SU/14.08.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.