Will (1) Of v. Richard Benjamin Samson
K.KALYANASUNDARAM, J., This Petition has been filed under Sections 222 and 276 of Indian Succession Act, 39 of 1925 r/w Order XXV Rule 4 of O.S Rules. 2.In the petition, it is stated that the deceased Ida Mary Samson died on 23.12.2012 at Chennai and and was ordinarily resided at Srinidhi Apartments, Old No.6, New No.25, Beach Road, Kalakshetra Colony, Besant Nagar, Chennai-600090 and left the property within the jurisdiction of this Court. The husband of the deceased, late Benjamin Abraham Samson, predeceased her on 18.03.2008. The deceased executed the Will and Testament, dated 14.10.2010 registered at Chennai in the presence of two attesting witnesses, namely, Mr.S.Jayachandran and Mr.C.Balaji and the petitioner was appointed as the executor of the Will.
The petitioner is the daughter of the testator, the respondents 1 and 2 are the sons of the deceased. The deceased at the time of her death left behind the petitioner and the respondents as her surviving legal heirs or next of kin. 3.It is stated that the petitioner impleaded all the next of kin or other persons interested as party/respondent. There is no next kin or other persons interested to be impleaded.
to come into the petitioner's hands does not exceed in the aggregate the sum of Rs.17,73,648/- and net amount of the said assets, after deducting all items which the petitioner is by way allowed to deduct is of the value of Rs.17,73,648/-. No application has been made at any District court or delegate or to any other High Court for probate of any Will of the said deceased or for Letters of Administration with or without the Will annexed to her property and credits.
4.The petitioner undertakes to duly administer the properties and credits of the deceased and in any way concerning his will by paying first her debts and then the legacies therein bequeathed so far as the assets will extent and to make a full and true inventory thereof and exhibit the same in the Court within six months from the date of grant of Probate to the petitioner and also to render to this Court a true account of the said property and credits within one year from the said date. 5.The petitioner examined herself as P.W.1 and filed proof affidavit and also marked the following documents viz., Exs.P1 to P9. i) Ex.P1 is the original Will dated 14.10.2010 executed by Ida Mary Samson, which has been attested by two attesting witnesses, namely, 1.Mr.S.Jayachandran and 2.Mr.C.Balaji.
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ii) Ex.P2 is the additional affidavit filed by me in A.No.5270 of 2019 in O.P.No.612 of 2018 before the Hon'ble High Court, Madras. iii) Ex.P3 is the computer generated death certificate of Ida Mary Samson, who died on 23.12.2012.
iv) Ex.P4 is the computer generated death certificate of Benjamin Abraham Samson, who died on 18.03.2008.
v) Ex.P5 is the photocopy of the Legal Heirship Certificate dated 28.05.2008 in respect of the deceased Benjamin Abraham Samson. vi) Ex.P6 is the photocopy of the valuation of the assets dated 22.10.2010 and 08.12.2011.
vii) Ex.P7 is the consent affidavit given by the 1st respondent. viii) Ex.P8 is the consent affidavit given by the 2nd respondent. ix) Ex.P9 is the affidavit of assets showing the net value of the estate as Rs.17,73,648/-.
She has further stated in her evidence that she has not filed any other petition seeking the same relief.
6.One of the attestors of the Will Mr.C.Balaji was examined as P.W.2. In his evidence he has stated that he was working for the petitioner. He had further stated that the testator executed her last Will on 14.10.2010 (Ex.P1) in his presence and in the presence of Mr.S.Jayachandran. At the 3/5
request of the testator P.W.2 subscribed his signature as the second attesting witness and Mr.S.Jayachandran, attested the Will as the first attesting witness. The testator was in sound and disposing state of mind, memory and understanding at the time of execution of Ex.P1 Will. Ex.P10 is the concerned affidavit, in that regard.
7.From the averments made in the petition and the deposition of P.W.1 supported by the documents, it is clear that the petitioner has proved her claim and there is no contra evidence. Hence, I am satisfied that the petitioner is entitled to the relief sought for. 8.The Original Petition is ordered. Grant probate of the Will in respect of the petitioner.
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K.KALYANASUNDARAM, J.
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