Harikumar B v. Padmalatha Suresh And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Harikumar ... Petitioner Vs 1.Padmalatha Suresh 2.Premaltha Ramanathan ..Respondents PRAYER: Original Petition filed for Probate under Section 222 and 276 of Indian Succession Act, 1925 r/w. Order XXV Rule 4 of Original Side Rules, prays to allow the petitioner to prove the Will dated 31.03.2002 in common form and that probate thereof to have effect throughout the State of Tamil Nadu.

For Petitioner : M/s.Sowjanya for M/s.G.R.Associates For Respondents : Mr.Krishna for M/s.Varun Ganesh for R1 & R2.

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O R D E R

This Original Petition has been filed for issuance of Probate for the Last Will and testament dated 31.03.2002 executed by Late.V.P.Meenakshi, who died on 27.07.2018.

2. The petitioner and respondents are the children of the testatrix and the only surviving legal heirs of the testatrix since, her husband predeceased her. The respondents have filed their consent affidavits expressing their consent for grant of probate.

3. The petitioner has examined himself as PW1. He has produced the death certificates of Late.V.P.Meenakshi and testatrix's husband as Ex.P9 and Ex.P8. The original will dated 31.03.2002 as Ex.P7. The legal heir certificate of the testatrix as Ex.P10. On perusal of Ex.P10, it shows that the petitioner and respondents are the only surviving legal heirs of the testatrix.

4. Mr.C.Vidyashankar, who is the second attesting witnesses to the said Will has been examined as PW2. The attesting witness had spoken 2/5

about the execution of the Will by the testatrix and its attestation by him and marked his affidavit as Ex.P14.

5. In view of the said evidence, the execution of Will stands proved. Hence, the Original Petition is allowed granting probate of the last Will and testament dated 31.03.2002.

Index :Yes/No Speaking: Yes/ No Petitioner's witness:

P.W.1 -Mr.B.Harikumar P.W.2 - Mr.C.Vidyashankar Documents exhibited by the petitioner :

Exhibits Documents Ex.P1 Photocopy of the sale deed dated 27.10.1947 executed in favour of Mr.S.Pranthathiharan (Compared with the original) Ex.P2 Photocopy of the death certificate of Mr.s.P.Haran (Compared with the original) Ex.P3 Photocopy of the death certificate of Mrs.Kamakshi (Compared with the original) Ex.P4 Photocopy of the legal heir ship certificate of Mrs.Kamakshi (Compared with the original) 3/5

Exhibits Documents Ex.P5 Photocopy of the registered gift deed dated 22.03.1996 executed by Mrs.V.P.Meenakshi in favour of Mrs.Premalatha Ramanathan (Compared with the original) Ex.P6 Photocopy of the registered gift deed dated 22.03.1996 executed by Mrs.V.P.Meenakshi in favour of Mrs.Padmalatha Suresh (Compared with the original) Ex.P7 Original unregistered Will dated 31.03.2002 executed by Mrs.V.P.Meenkashi Ex.P8 Photocopy of the death certificate of Mr.V.Balakrishnan (compared with original) Ex.P9 Computer generated death certificate of Mrs.V.P.Meenakshi Ex.P10 Computer generated legal heir ship certificate of Mrs.V.P.Meenakshi Ex.P11 Downloaded copy of the market value of the schedule mentioned property Ex.P12 Affidavit of assets showing the net value of the estate as Rs.7,04,19,755/- Ex.P13 Certificate under Section 65B of the Indian Succession Act, Ex.P14 Affidavit of PW2 Ex.P15 Photocopy of Aadhar card of PW2 4/5

K.KUMARESH BABU,J.

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