J.Kasthuri v. A.Mohanapriya
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:28.04.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU J.Kasthuri ... Petitioner Vs 1.A.Mohanapriya 2.J.Vijayabhaskar 3.S.Ananda Kumar ... 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.Indrajith For Respondents : No appearance
ORDER
This Original Petition has been filed for issuance of probate for the last Will and testament dated 23.05.1997 executed by Late W.N.Ramalingam, who died on 18.04.2004. The petitioner is the daughter, the first respondent is the granddaughter, who is also the daughter of the 1/6
deceased daughter A.Suryakumari @ Surya, the third respondent is the father of the first respondent and his whereabouts is not known from 24.04.1997 and the second respondent is the grandson of the testator , who is also the son of the petitioner herein. The petitioner has been appointed as an sole executrix under the Will. The first and second respondents are the beneficiaries under the Will.
2. The second respondent has been examined as P.W.2. He has produced the the death certificates of the testator W.N.Ramalingam, R.Lakshmikantham (wife of the testator), A.Suriya (daughter of the testator) as Exs.P3, P4 and P5. The Original Will and Testament dated 23.05.1997, has been produced as Ex.P1, and the legal heirship certificate of the testator is produced, as Ex.P10. A perusal of Ex.P10 shows that the petitioner and the deceased daughter A.Suriya are the only legal heirs of the testator. The first and second respondents have given their consent affidavits for grant of probate to the petitioner and the same is marked as Exs.P8 and P9. A paper publication that has been made and any objections have not been received.
3. One Mr.Prabhakar, who is the first attesting witness to the Will was examined as P.W.1. He has spoken about the execution of the Will by 2/6
the testator and its attestation by himself and Mr.R.Joseph Sundararaj.
4. In view of the said evidence, the execution of the Will stands proved. Hence, the Original Petition is allowed by granting probate for the last will and testament dated 23.05.1997.
Index :Yes/No Speaking: Yes/ No Petitioner's witness:
P.W.1 - Mr.R.Prabhakar P.W.2 - Mr.J.Vijayabhaskar Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Original Will dated 23.05.1997 executed by W.N.Ramalingam Ex.P2 Affidavit of the attesting witness PW1 Ex.P3 Computer generated death certificate of W.N.Ramalingam Ex.P4 Computer generated death certificate of R.Lakshmikantham Ex.P5 Computer generated death certificate of A.Suriya 3/6
Exhibits Documents Ex.P6 Photocopy of the Conveyance Deed dated 27.04.1968 in favour of W.N.Ramalingam Ex.P7 Affidavit of assets showing the net value of the estate as Rs.60,00,000/- Ex.P8 Consent affidavit given by the 1st respondent Ex.P9 Consent affidavit of PW2 Ex.P10 Photocopy of the legal heir certificate of Mr.W.N.Ramalingam Ex.P11 Computer generated copy of the birth certificate of A.Mohana Priya Ex.P12 Photocopy of the property tax demand card standing in the name of Mr.W.N.Ramalingam Ex.P13 Photocopy of the patta standing in the name of Mr.W.N.Ramalingam 4/6
K.KUMARESH BABU,J.
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