N.Venkatasubramanian v. Hema Sridhar
O.P.No.571 of 2023 RMT.TEEKAA RAMAN,J., This original petition has been filed taking advantage of Sections 222 and 276 of the Indian Succession Act, 1925 along with relevant rules of the Original Side of Madras High Court seeking grant of Will annexed of Meenakshi Nagarajan, who had died on 08.12.2021. The property is situated within the jurisdiction of this Court.
2. The learned counsel for the petitioner submits that the brother of the deceased Mr.R.Lakshminarayanan, died intestate on 12.11.2020 at Flat No.22, 3rd Floor, Block C, Rajaram Colony, Kodambakkam, Chennai - 600
024. There was no Will bequeathed by late Mr.R.Lakshminarayanan. Further his wife Mrs.R.Chandra pre-deceased him on 02.04.2020. No issues/children were born out of their wedlock. Further his father Mr.K.V.Ramani passed away in the year 1968 and his mother Mrs.Alamelu passed away in the year 1992. Further one of his brother Mr.R.Chandrasekaran pre-deceased him on 03.01.2017. Thereby the legal heirs who would naturally succeed to the property / estate of late Mr.R.Lakshminarayanan are his brother and sisters as detailed below:
S.
No Name Relationship
1. Mrs.Meenakshi Nagarajan Sister W/o.Nagarajan (the deceased herein)
2. Mrs.Rajalakshmi, W/o.Rajaraman Sister
3. Mrs.R.Vimala, W/o.Santhanam Sister
4. Mr.Balasubramaniyan Ramani, Brother S/o.K.V.Ramani
5. Mrs.Shyamala Balakrishna, Sister W/o.Appa Balakrishna
3. The petitioner further submit that as above explained, the deceased Mrs.Meenakshi Nagarajan being a legal heir of late Mr.R.Lakshminarayanan; she has right/share over the 1/5th share in the property of her brother Late Mr.R.Lakshminarayanan.
4. On 25.10.2021, the said Mrs.Meenakshi Nagarajan, in a sound and disposing state of mind executed a unregistered Will bequeathing her 1/5th share (viz.,being 131sq.ft UDS) of house. The share of all the sharers towards UDS is an extent 655sq.ft., out of whole extent of 22695 sq.ft., and building thereon with a built up area of Flat No.22 - 1160 sq.ft., (1/5th share viz., being 232 sq.ft., build up area) 3rd Floor, comprised in Town Survey (T.S.)No.77/3, C Block, Rajaram Colony, Puliyur Village, in Kodambakkam Taluk, Chennai District, in favour of the petitioner herein.
5. Now that the testatrix Meenakshi Narayanan has bequeathed her 1/5th undivided share in the property in favour of his son
N.Venkatasubramanian. Her husband Nagarajan died on 31.05.2017 and only daughter of said Meenakshi Nagarajan, the respondent herein has not raised any objection to grant the Will to the petitioner. 6.The consent affidavit has been filed. P.W.1 was examined and Exs.P1 to P17 were marked.
7. The following documents were marked through P.W.1. are as follows:
Sl.
Exhibits Documents No.
1.
Ex.P1 The photocopy of the sale deed dated 24.05.1990 executed in favour of Mr.R.Lakshminarayanan 2.
Ex.P2 The photocopy of the unregistered construction agreement dated 23.01.2013 between Rajaram Colony "C" Block Welfare Association, Kodambakkam as the first party and M/s.Kavithaalaya Promoters as the second party 3.
Ex.P3 The online printout of the property tax receipt in respect of the property standing in the name of Mr.R.Lakshminarayanan 4.
Ex.P4 The photocopy of the Aadhaar Card of Mrs.Meenakshi Nagarajan 5.
Ex.P5 The computer generated death certificate of Mr.R.Chandrasekaran 6.
Ex.P6 The computer generated legal heir certificate of Mr.Nagarajan 7.
Ex.P7 The computer generated death certificate of Mrs.R.Chandra 8.
Ex.P8 The computer generated death certificate of Mr.R.Lakshmi Narayanan 9.
Ex.P9 The computer generated death certificate of Mr.R.Balasubramaniyan 10.
Ex.P10 The original unregistered Will dated 25.10.2021 executed by Mrs.Meenakshi Nagarajan 11.
Ex.P11 The computer generated death certificate of Mrs.N.Meenakshi 12.
Ex.P12 The computer generated legal heir certificate of Mrs.Meenakshi Nagarajan 13.
Ex.P13 The photocopy of petitioner's Aadhaar Card
Sl.
Exhibits Documents No.
14.
Ex.P14 The photocopy of the Aadhaar card of Mrs.Rukmani Srinivasan 15.
Ex.P15 The photocopy of the Aadhaar card of Mr.G.Suresh 16.
Ex.P16 The downloaded guideline value of the property 17.
Ex.P17 The affidavit of assets showing the net value of the estate as Rs.21,76,500/-
8. Taking into consideration of the pleadings, the execution of the Will has been proved in the manner known to law as contemplated under the Indian Succession Act and Indian Evidence Act and there is no impediment for grant of Will itself and hence, I am inclined to grant probate in favour of the petitioners.
9.In view of the evidence adduced, this Original Petition stands allowed. The probate may be issued in favour of the petitioner in accordance with the rules.
09.09.2024 nvi
RMT.TEEKAA RAMAN,J., nvi O.P.No.571 of 2023 09.09.2024