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Madras High CourtOP/526/2018ordered

Will(5) Of v. Vellachi Murugappan

2019-02-19Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) TUESDAY, THE 19TH DAY OF FEBRUARY 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P.No.526 of 2018 In the matter of the Indian Succession Act, XXXIX of 1925 and In the matter of the Last Will and Testament of Mr.M.V.Murugappan (deceased) Mrs.MV Valli Murugappan 8/1 Boat Club Road Raja Annamalai Puram Chennai - 600 028.

...Petitioner

-Vs1.Vellachi Murugappan 449, 3rd Cross 16th Main,3rd Block, Koramangala Bangalore 560 034.

2.Mrs.Valli Arunachalam New No.10, Old No.30 Ranjith Road, Kotturpuram Chennai - 600 085.

3.Mr.A.Velliyan Dare House,NSC Bose Road Parry's Corner George Town, Chennai Tamil Nadu 600 001, India 4.Mr.M.M.Murugappan Dare House,NSC Bose Road Parry's Corner George Town, Chennai Tamil Nadu 600 001, India

...Respondents

Original petition Application praying that this Hon'ble Court be pleased to prove the Will in Common form

and that probate thereof, to have effect throughout the State of Tamil Nadu may be granted to her.

This Original Petition coming on this day before this court for hearing, the court made the following order: The petitioner seeks probate for the Will dated 17.12.2015 of Late. M.V.Murugappan, who died on 19.09.2017.

2. Heard Mr.Apoarajitha Viswanath, counsel appearing for the petitioner and Mr.S.V.Pravin Rathinam, counsel appearing for the respondents 3 and 4.

3. The petitioner, who is the wife of the testator has been appointed as one of the executors while the respondents 3 and 4 are the co-executors. The respondents 1 and 2 are the two daughters of the testator. The petitioner has been examined as P.W.1, she has produced the death certificate of the deceased M.V.Murugappan as well as the legal heirship certificate, which have been marked as Exs. P1 and P2. It is seen that the deceased left behind the petitioner and respondents 1 and 2 as legal representatives. The 2nd respondent has been examined as P.W.2 and she has produced the consent affidavits of herself and 1st respondent, which has been marked as Exs. P5 and P6. One S.Subramanian has been examined as P.W.3, he has spoken about the execution of

the Will by the testator and its attestation by himself and M.Karunakaran.

4. In view of the evidence, the original petition is allowed granting probate of the Will dated 17.12.2015 in favour of the petitioner.

Sd/.R.S.M.J.

19.02.2019 //Certified to be a true copy// Dated this the th day of 2019. DL/25.02.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.