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Madras High CourtOP/611/2018ordered

Will(3) Of v. Ramanathan Rajendran

2019-03-12Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 12TH DAY OF MARCH 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P. No.611 of 2018 In the matter of Indian Succession Act XXXIX of and In the matter of the Late Will and Testament of Visalakshi (Deceased) Mrs.V.Alammelu W/o V.Venkatachalam.

No.8A/3, Ashoka Street, Alwarpet, Teynampet, Chennai 600 18.

..Petitioner ..Vs.

1. Ramanathan Rajendran

2. Indumathi Rajendran

3. Nandhuram Rajendran Old No.41, New No.43, Naidu Street, Kotturpuram, Chennai 600 085 ..Respondents Original Petition praying that this Hon'ble Court be pleased that he may be allowed to prove the Will in common from, and that probate thereof, to have effect throughout the whole of State of Tamil Nadu may be granted to him. This Original petition coming on this day before this Court for hearing and the court made the following Order : The petitioner seeks issuance of probate for the Will dated 14.03.2018 executed by Mrs.R.Visalakshi, who died on 21.03.2018.

2. The respondents are the husband and children of the deceased, R.Visalakshi. The petitioner has been examined as P.W.1, she has produced the death certificate of the deceased R.Visalakshi as Ex.P10. Ex.P11 is the legal

heirship certificate issued by the competent authority, a perusal of the same reveals that the petitioner and respondents are the husband and children of the deceased Visalakshi.

3. The first respondent Ramanathan Rajendran has been examined as R.W.1, since he was an attestor to the Will, he has no objection for grant of probate apart from deposing with regard to the execution of the Will by the testator and its attestation by himself and one Chellappan. The consent affidavits of the respondents 2 and 3 have also also been marked as Ex.P14 and Ex.P15, which reveals the no objection of the respondents for grant of probate in favour of the petitioner.

4. In view of the above, I am satisfied that the petitioner has proved the execution of the Will executed by the deceased Visalakshi, and the petitioner is entitled to Probate. Hence, the original petition is allowed granting probate of the Will dated 14.03.2018 in favour of the petitioner.

Sd/- R.S.M.J.

12.03.2019 //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) GJM-8.4.2019 From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.