K.Jayaraman v. Smt. N.Lakshmi And 7 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU K.Jayaraman ... Petitioner Vs 1.N.Lakshmi 2.N.Rajesh 3.Malathi Kalyana Sundaram 4.K.Sriram 5.Pushpa Suresh 6.Srividhya Narayan 7.K.Nagarajan 8.K.Jayalakshmi ... 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 Petitioner : Mr.S.Satish Rajan For Respondents : Mr.P.Anish Vijay 1/5
ORDER
This Original Petition has been filed for issuance of probate for the last Will and testament dated 12.12.2003 executed by Late M.V.Krishnamoorthy, who died on 26.02.2014. The petitioner is the son, respondents 7 and 8 are the son and daughter, respondents 1 and 2 are the daughter in-law and grandson, who are also the wife and son of respondent 7, respondents 3 to 6 are the legal heirs of the pre-deceased daughter (Gnanam Murthy) and the grandchildrens of the testator. The petitoner has been appointed as an executor under the Will. The respondents 1 to 8 have filed their consent affidavits expressing their consent for grant of probate.
2. The petitioner has been examined as P.W.1. He has produced the the death certificate of the testator M.V.Krishnamoorthy, as Ex.P4, the Original registered Will and Testament dated 12.12.2003, has been produced as Ex.P3, and the legal heirship certificate of the testator M.V.Krishnamoorthy, as Ex.P6. A perusal of Ex.P6 shows that the petitioner and the respondents 7 and 8, and Late Gnanam Murthy are the only legal heirs of the testator M.V.Krishnamoorthy. 2/5
3. One K.Ravindranath, 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 Mr.V.Athmanathan. The consent affidavits of the respondents 1 to 8 have been marked as Exs. P8 to P15.
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 12.12.2003.
Index :Yes/No Speaking: Yes/ No Petitioner's witness:
P.W.1 -Mr.K.Jayaraman P.W.2 - Mr.K.Ravindranath Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the Sale Deed dated 06.03.1995 Ex.P2 Photocopy of the Sale Deed dated 13.05.1994 Ex.P3 Original Will dated 12.12.2003 executed by Mr.M.V.Krishna Moorthy Ex.P4 Computer generated death certificate of Mr.M.V.Krishna Moorthy 3/5
Exhibits Documents Ex.P5 Computer generated death certificate of Mr.Gnanam Murthy Ex.P6 Computer generated legal heirship certificate of Mr.M.V.Krishna Moorthy Ex.P7 Computer generated death certificate of Mr.K.R.Krishna Moorthy Ex.P8 Consent affidavit given by the 1st respondent Ex.P9 Consent affidavit given by the 2nd respondent Ex.P10 Consent affidavit given by the 3rd respondent Ex.P11 Consent affidavit given by the 4th respondent Ex.P12 Consent affidavit given by the 5th respondent Ex.P13 Consent affidavit given by the 6th respondent Ex.P14 Consent affidavit given by the 7th respondent Ex.P15 Consent affidavit given by the 8th respondent Ex.P16 Affidavit of assets showing the net value of the estate as Rs.52,26,606/- Ex.P17 Affidavit of the attesting witness K.Ravindranath 4/5
K.KUMARESH BABU,J.
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