N.Hari Bhaskar And 2 Others v. Vinitha Jayabal And 17 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.06.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.N.Hari Bhaskar 2.Sudhir Shankar Vasudev Rajan 3.Dr.Kandaswaminandakumar ... Petitioners Vs.
1.Vinitha Jayabal 2.Jayakumar Menon 3.A.Krishnakumar 4.Ranjith Kumar Menon 5.Durgadas Menon 6.N.Sree Vasuda 7.Gopal Arvind 8.Tapati Guha Thakurta 9.Ravi Sankar Vasudevan 10.Dr.Preeti Vaid 11.Narayani Gupta 12.Lalitha Ramachandran 13.Narayani Sobhana Bharathan 14.Meera Jayendran 15.Prabha Sankaranarayanan 16.Sharada Raghuthaman 17.Valsala Radhakrishnan 18.Subhadra Menon ... 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, petitioners pray to prove the Will in common form and that the Probate thereof. For Petitioners : Mr. Umesh Rao.K 1/6
For Respondents : No Appearance
ORDER
This Original Petition has been filed for issuance of probate for the last Will and testament dated 19.11.2021 executed by Late.M.Sarada menon, who died on 05.12.2021. The first petitioner is the nephew of the testatrix. The respondents 1 to 18, except 3rd respondent, are the legal heirs of the testatrix and her husband. The petitioners are appointed as the executors under the said Will. The first petitioner and the respondents are the beneficiaries named under the Will. The respondents have filed their consent affidavits expressing their consent for grant of probate. 2.On a perusal of the Will dated 19.11.2021, executed by Late M.Sarada Menon, it is evident that, the testatrix, was married to one Shri.Kizhekkepat Sree Kumar I.P.S. (retired) and he died on 21.08.1991, and out of the wedlock they have no issues.
3.The second petitioner has been examined as P.W.1. He has produced the death certificate of the testatrix M.Sarada menon, as Ex.P2. The original unregistered Will and Testament dated 19.11.2021, has been produced as Ex.P1. The consent affidavits of the respondents have been marked as Exs.P9 to P26. 4.One Mrs.Shantha Kamath, who is the first attesting witness to the said Will 2/6
has been examined as P.W.2. She has spoken about the execution of the Will by the testatrix and its attestation by herself and Mr.S.Sanjay. 5.In view of the said facts and evidence, the execution of the Will stands proved. Hence, Original Petition is allowed by granting probate for the last Will and Testament dated 19.11.2021.
07.06.2023 gba Index :Yes/No Internet: Yes/ No Petitioner's witness:
P.W.1 - Sudhir Shankar Vasudev Rajan P.W.2 - Shantha Kamath Ex.P1 Original Will dated 19.11.2021 executed by Mamballikalathil Sarada Menon also known as Dr.M.Sarada Menon Ex.P2 Computer generated death certificate of M.Sarada Menon Ex.P3 Photo copy of savings account pass book bearing A/C.No.10457420828 held by M.Sarada Menon in State Bank of India Anna Salai Branch Ex.P4 Computer generated account details of pass book of savings account in SBI, Taylors Road Branch bearing A/C 10094545101 held by Sarada Menon 3/6
Ex.P5 Computer generated account details of pass book of savings account in SBI, Taylors Road Branch bearing A/C 39599850627 held by Sarada Menon Ex.P6 Photo copy of the savings account pass book bearing A/C No.57059954661 held by M.Sarada Menon at SBI, Mankada Branch Ex.P7 Original report given by appraiser for Gold and Silver wares dated 12.08.2022 Ex.P8 Affidavit of assets showing the net value of the estate as Rs.78,82,86,778/- Ex.P9 Consent affidavit of first respondent Ex.P10 Consent affidavit of second respondent Ex.P11 Consent affidavit of third respondent Ex.P12 Consent affidavit of fourth respondent Ex.P13 Consent affidavit of fifth respondent Ex.P14 Consent affidavit of sixth respondent Ex.P15 Consent affidavit of seventh respondent Ex.P16 Consent affidavit of eight respondent Ex.P17 Consent affidavit of ninth respondent Ex.
P18 Consent affidavit of tenth respondent Ex.P19 Consent affidavit of 11th respondent Ex.P20 Consent affidavit of 12th respondent Ex.P21 Consent affidavit of 13th respondent Ex.P22 Consent affidavit of 14th respondent Ex.P23 Consent affidavit of 15th respondent Ex.P24 Consent affidavit of 16th respondent Ex.P25 Consent affidavit of 17th respondent Ex.
Ex.P27 Proof affidavit of the first attesting witness 07.06.2023 gba K.KUMARESH BABU,J.
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