Karthik Rangarajan v. C.P.Radha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 17TH DAY OF FEBRUARY 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN O.P.No.647 of 2021 In the matter of Indian Succession Act, XXXIX of and In the matter of the Last Will and Testament of Late Pankajam Vasudevan -deceased Mr.KARTHIK RANGARAJAN S/o.Rangarajan, No.28 A2, Sriram Nagar North Street, Alwarpet, Teynampet, Chennai - 600 018.
..Petitioner -VsMs.C.P.RADHA, D/o.Doraisamy, Flat C1, Sai Swetha 10, Malaviya Avenue, 1st Street, Thiruvanmiyur, Chennai - 600 041.
..Respondent Original Petition praying that this Hon'ble Court be pleased that he may be allowed to prove the Will in common form and that Probate thereof to have effect through the State of Tamil Nadu.
This Original Petition coming on this day before this court for hearing the court made the following order:
This petition has been filed for grant of probate of an unregistered Will dated 15.02.2018 executed by Pankajam Vasudevan who died on 24.12.2020.
2.
The petitioner is the nephew and the respondent is the sister of the deceased Pankajam Vasudevan. The parents and the husband of the deceased Pankajam Vasudevan predeceased her and Pankajam Vasudevan died issueless. The said Will was attested by two attesting witnesses namely Yuvraj Chakravarthy & M.Hamsavathani. Under the Will, the petitioner was appointed as an executor.
3. Before the learned Master, the petitioner was examined as a witness (PW1) and one of the attesting witnesses, namely, Yuvraj Chakravarthy was examined as a witness (PW2). The documents filed through PW1 were marked as Ex.P1 to Ex.P6 and the document filed through PW2 was marked as Ex.P7 and they are as follows: Exhibits Nature of the documents P1 Original unregistered Will and Testament dated 15.02.2018 executed by Pankajam Vasudevan which has been attested by
Exhibits Nature of the documents two attestors.
P2 Computer generated death certificate of Pankajam Vasudevan P3 Photocopy of the legal heirship certificate of K.Vasudevan P4 Photocopy of the death certificate of C.P.Kalpagammal P5 Consent affidavit given by the respondent.
P6 Affidavit of assets showing the net value of the estate as Rs.2,50,00,000/- P7 Affidavit of Yuvraj Chakravarthy
4. As seen from the evidence available on record, the petitioner and the respondent are the only class-I legal heirs of the deceased Pankajam Vasudevan, who has executed a Will dated 15.02.2018. The respondent have also given consent affidavit stating 'no objection' for granting Probate in favour of the petitioner and the consent affidavit has been marked as Ex.P5 before the learned Master. One of the attesting witnesses, namely, Yuvraj Chakravarthy has also been examined as witness (PW2) before the learned Master and he confirms the execution of the Will dated 15.02.2018 by Pankajam Vasudevan.
5.
After perusing and examining the pleadings and the evidence on record as well as after hearing the submissions of the learned counsel for the petitioner, this Court is inclined to grant probate as prayed for.
6. Accordingly, Registry is directed to grant "Probate" in respect of the said Will in favour of the petitioner. As undertaken by the petitioner in
paragraph 9 of the petition, the petitioner shall duly administer the properties and credits of the deceased Pankajam Vasudevan in any way concerning his Will by paying first his debts and the legacies therein bequeathed so far as the assets will extend and to make full and true inventory thereof and exhibit the same before this Court within six months from the date of issuance of Probate by the Registry of this Court and also to render before this Court a true and proper account of the said properties and credits within one year from the date of issuance of Probate by the Registry of this Court.
Sd/.P.V.J.
17.02.2022 //Certified to be a true copy// Dated at Madras this the day of 2022 SU./25.02.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.