Rohini And Another v. Janaki Panjapakesan And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2023

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA

1. Rohini

2. Koushik Ramachandran ...

Petitioners Vs.

1. Janaki Panjapakesan

2. R.Sowmya

3. Kalyani Ramachandran ... Respondents Original Petition is filed under Sections 222 and 276 of the Indian Succession Act read with Order XXV Rule 4 of the Original Side Rules, prays to prove the Will in common form, and grant probate to the petitioners, to have effect throughout the State of Tamil Nadu. For Petitioners : Mr.S.Raja Ravi Varma For Respondents : Mr.Nagesh Babu

ORDER

This Original Petition has been filed for issuance of Probate for the last Will and testament dated 27.04.2018 executed by Late Ramachandran. 1/5

2.

The petition mentioned properties belonged to one Ramachandran as self acquired property by virtue of various sale deeds. The said Ramachandran died on 06.06.2020. The first petitioner is the wife of the late Ramachandran and the second petitioner is the son and the second and third respondents are his daughters. The first respondent is the mother of late Ramachandran. During his lifetime he had executed a registered Will dated 27.04.2018 as Doc.No.3 of 2018 by bequeathing 50% share in the property situated at No.39 Pushpanagar Main Road, Nungambakkam, Chennai to the second petitioner and rest of the movable and immovable properties bequeathed in favour of all his three children in equal shares however by creating life interest in favour of the first petitioner. Since Ramachandran died, his wife and son have filed this petition seeking probate for the Will dated 27.04.2018.

3. The first petitioner examined herself as P.W.1 and Ex.P1 to P45 were marked. The Will is marked as Ex.P1 and the death certificate of Ramachandran is available as Ex.P2. The legal heirship certificate of Ramachandran which is marked as Ex.P3 would show that the petitioner and the respondents alone are the legal heirs of Ramachandran. The respondents 1 to 3 have given their consent affidavit in favour of the 2/5

petitioners and they are marked as Ex.P43 to P45. Exs.P6 to 41 are the assets owned by Ramachandran and his wife Rohini.

4. One of the attestors of the Will by name M.Nataraj has been examined as P.W.2 and he has stated in his evidence that he himself along with one C.S.Ravishankar were present at the time when Ramachandran executed the Will and he had affixed his signature in their presence. He further stated that Ramachandran was in a sound and disposing state of mind at the time of executing the Will. He further deposed that he and Ravishankar have affixed their signatures as attestors of the Will.

5. The evidences of PW.1 and PW.2 and the documents available on record would show that the Will has been executed as per the terms of Section 63(c) of the Indian Successions Act and the same has been proved in terms of Section 68 of the Indian Evidence Act. The respondents have also filed their consent affidavit for grant of probate. Since the petitioners have proved the genuineness of the Will, the relief sought shall be granted. 3/5

6. In the result, the Original Petition is allowed by granting probate of the last Will and Testament dated 27.04.2018 of late P.Ramachandran to the petitioners to have effect limited throughout the State of Tamil Nadu. 11.08.2023 bkn Index :Yes/No 4/5

R.N.MANJULA, J.

bkn 11.08.2023 5/5