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Madras High CourtOP/223/2013allowed

Will Of T.A.Krishnamurthy v. T.Vasantha Krishnamurthy

2016-04-13Honourable Mr Justice K.K. Sasidharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) WEDNESDAY, THE 13th DAY OF APRIL 2016 THE HON'BLE MR.JUSTICE K.K.SASIDHARAN OP.NO.223 OF 2013 In the matter of Indian Succession Act 1925(Act XXXIX of 1925) and in the matter of the Last Will and Testament of Mr.T.A.Krishnamurthy (Deceased).

T.K.Suresh S/o.Mr.T.A.Krishnamurthy No.43/428A, Manimegalai Street Periakuppam Rajajipuram Thiruvallur-602 001.

....Petitioner -Vs- *1.Mrs.T.Vasantha krishnamurthy W/o.T.A.Krishnamurthy *2.Mrs.Subashini S.Balaji W/o.K.Sridharan Balaji Both resding at Old Door No.28,New Door No.20 12th Avenue Ashok Nagar Chennai-600 083

...Respondents

* R1& R2 impleaded as per order dated 15.02.2016 in application No 7526 of 2015 This Original Petition praying that this Hon'ble Court be pleased to allow the Petitioner to prove the Will in common form and that probate thereof to have effect limited to the State of Tamil Nadu and limited to

the property mentioned in the Affidavit of Assets may be granted to him.

This Original Petition coming on this day before this court for hearing the court made the following order:

This is an original petition filed under Sections 222 and 276 of the Indian Succession Act seeking Probate in respect of the last Will and Testament of Mr.T.A.Krishnamurthy.

2. Heard the learned counsel for the applicant and the counsel on behalf of the respondents. 3.

The petitioner is the son of Thiru.T.A.Krishnamurthy, who died on 03.08.2012 at Chennai. The deceased executed his last Will and Testament on 06.06.2005 in the presence of two witnesses. The Will was registered as Document No.33 of 2005 on the file of Sub-Registrar, Ashok Nagar. The first respondent is the widow of Thiru.T.A.Krishnamurthy. The second respondent is the daughter of Thiru.T.A.Krishnamurthy.

4. The Testator in his last Will and Testament made provision for the enjoyment of his property. The first respondent, who is the widow is given

life interest in the property bearing Plot No.C722, Door No.28, 12th Avenue, Ashok Nagar, Chennai - 600 083. The petitioner and the second respondent are given equal rights in respect of the land. The ground floor portion and the back portion of the first floor of the house is given to the petitioner. Similarly, the front portion of the first floor of the house is given to the second respondent. The petitioner was appointed as the sole Executor of the Will. The petitioner now seeks probate.

5. The petitioner was examined as P.W.1. The following documents were marked through him:- Exhibi ts Documents Ex.P1 Computer generated copy of the death certificate of Thiru.T.A.Krishnamurthy, who died on 03.08.2012 Ex.P2 Original registered Will and Testament executed by Thiru.T.A.Krishnamurthy on 06.06.2005 and registered as Document No.33 of 2005 before the SRO, Ashok Nagar Ex.P3 Certified copy of the legal heirship certificate dated 31.08.2012 in respect of the deceased Ex.P4 Photocopy of the property tax demand card in the name of the deceased Ex.P5 Affidavit of Assets showing the net value of the property at Rs.1,19,80,000/-

6. The first respondent was examined as P.W.2. Her consent affidavit was marked as Ex.P6. The second respondent was examined as P.W.3. Her consent affidavit was marked as Ex.P7.

7. The petitioner has adduced secondary evidence of P.W.4 to prove the execution of Will and attestation.

8. In view of the evidence on record, I am satisfied that the petitioner is entitled to the grant of Probate. Issue Probate.

In the upshot, I allow the Original Petition. sd/.K.K.S.J 13.04.2016 //Certified to be a true copy// Dated this the day of 2016 S.s/05.10.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.