D.Elumalai v. Hemalatha And 3 Others

O.P.No.792 of 2024 K.KUMARESH BABU,J.

The matter had been listed under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.

2. The learned counsel for the petitioner would indicate that the testatrix was a spinster and she has been given a prefix, 'Mrs.', which should be corrected in the entire order. The date of death of the testatrix had been shown as 06.07.2023, whereas the correct date of death is 06.06.2023. He would further submit that, at the foot of the order, Ex.P35 and Ex.P36 had been wrongly mentioned.

3. I have verified the submissions made by the learned counsel appearing for the petitioner.

4. It is seen that the testatrix had died as a spinster and therefore, the prefix to her name shall be 'Ms.' instead of 'Mrs.', wherever found in the order. Similarly, the date of death recorded in the order, in the second 1/4

paragraph shall be corrected from 06.07.2023 to 06.06.2023. In paragraph No.2, the last two lines namely "The Legal heir certificate of testator as Ex.P4. The original will dated 23.06.2004 as Ex.P1" shall stand deleted, and the paragraph shall end with the word 'Will' after the word 'the'.

5. Even though during the recording of evidence, Ex.P35 had been shown as a Certificate under Section 65 of the Indian Evidence Act, it is seen that Ex.P35 is certified under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023. Hence, the details of Ex.P35 as found in the order shall stand deleted and shall be replaced with "Certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023"

6. Similarly, the value of assets under Ex.P36 has been shown as Rs.1,41,37,328. However, even in the evidence recorded, it has been shown to be Rs.1,41,57,328. Hence, the details of Ex.P36 shall be amended in consonance with Ex.P36, and therefore, the details shown therein shall stand deleted and be replaced with the "Affidavit of assets showing the net value of Rs.1,41,57,328".

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7. Registry is directed to issue a fresh order copy to the respective parties after carrying out the necessary amendments. 26.06.2025 kak 3/4

K.KUMARESH BABU, J.

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