R Hariharan And 1 Another v. S Ramalingam And 4 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.03.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.R.Hariharan 2.V.Visweswaran ... Petitioners Vs 1.S.Ramalingam 2.T.S.Sundar 3.S.Muthukumar 4.Sivakamatchi 5.Siva Charitable Trust ... Respondents PRAYER: Original Petition filed for Testamentary and Intestate under Section 222 and 276 of Indian Succession Act, 1925 under Order XXV Rule 4 of Original Side Rules, prays to prove the Will in common form and that the Probate thereof.
For Petitioners : Mr.Gupta & Ravi For Respondents : Mr.C.Madanagopal
ORDER
This Original Petition has been filed for issuance of probate for the last will and testament dated 27.12.2018 executed by Late R.Swaminathan, who died on 22.04.2019. The petitioners are the accountants of the testator and they has been appointed as an executor under the Will and the respondents 1 to 3 are the sons, 4th respondent is the grand daughter and 5th respondent is the third party trust of the testator. The respondents 1 to 4 have filed their consent 1/4
affidavits expressing their consent for grant of probate.
2. The 2nd petitioner has been examined as P.W.1. He has produced the the death certificate of the testator R.Swaminathan, as Ex.P2, and the Original registered Will and Testament dated 27.12.2018 has been produced as Ex.P1.
3. One Eswaran, who is one of the attesting witnesses to the said Will has been examined as P.W.2. He has spoken about the execution of the Will by the testator and its attestation by himself and Mrs.Rajeswari Eswaran. The consent affidavits of the respondents 1 to 4 have been marked as Exs. P11 to P14.
4. In view of the said evidence, the execution of the Will stands proved. Hence, the Original Petition is allowed granting probate for the last will and testament dated 27.12.2018.
gba Index :Yes/No Petitioner's witness:
P.W.1 - Mr.V.Visweswaran P.W.2 - Mr.Eswaran 2/4
Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Original registered Will dated 27.12.2018 executed by Mr.Swami Nathan Ex.P2 Death certificate of Mr.R.Swaminathan Ex.P3 Computer generated statement of account in respect of current account No.6427790998 with Indian Bank, Ashok Nagar Branch standing in the name of Siva Enterprises.
Ex.P4 Certified copy of the passbook of Central Bank of India, T.Nagar, Branch bearing account No.1014942177 standing in the name of Dr.Swaminathan and Mr.Swami Nathan Ex.P5 Photocopy of the term deposit receipt bearing account No.6696334663 dated 19.11.2018 standing in the name of Mr.Swami Nathan Ex.P6 Photocopy of the term deposit receipt bearing account No.6448353782 dated 12.07.2016 standing in the name of Mr.Swami Nathan Ex.P7 Photocopy of the term deposit receipt bearing account No.6630443680 dated 08.05.2018 standing in the name of Mr.Swami Nathan Ex.P8 Photocopy of the appraiser's certificate dated 23.02.2021 Ex.P9 Photocopy of the passbook of the Executor of Estate of Mr.R.Swaminathan bearing account No.6797919375 with Indian Bank, Ashok Nagar Ex.P10 Affidavit of assets showing the net value of the estate as Rs.43,80,454.48/- Ex.P11 Consent affidavit given by the 1st respondent Ex.P12 Consent affidavit given by the 2nd respondent Ex.P13 Consent affidavit given by the 3rd respondent Ex.P14 Consent affidavit given by the 4th respondent 3/4
gba K.KUMARESH BABU,J.
gba 4/4