Madras High CourtOP/814/2021ordered

J.Udayakumar v. V.Nalini And Another

2023-11-06Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE HON'BLE JUSTICE MR. N. SATHISH KUMAR OP.No.814 of 2021 Date : 06.11.2023 Time : 02.30 P.M.

Evidence of Mr.J.Udayakumar, P.W.1, aged about 50 years, S/o Late Mr.N.Jaganathan, residing at No.7/4, Playground View Street, Nandanam, Chennai - 600 035.

In continuation of Proof Affidavit, Chief Examination by Mr.V.Sundarraman, Counsel for the Petitioner. ...............

Solemnly Affirmed:

I am the petitioner herein. I am filing my proof affidavit stating the facts of this case, the same may be treated as part and parcel of my evidence in chief. In continuation of proof affidavit, I am now marking the following documents:

Ex.P1 is the certified copy of the Sale Deed dated 13.04.1978 executed in favour of Mr.N.Jaganathan.

Ex.P2 is the original Registered Will and Testament dated 30.07.2003 executed by Mr.N.Jaganathan.

Ex.P3 is the certified copy of the Sale Deed dated 25.09.2006 executed in favour of Mr.N.Jaganathan.

Ex.P4 is the certified copy of the Sale Deed dated 01.12.2006 executed in favour of Mr.N.Jaganathan.

Ex.P5 is the computer generated Death Certificate of Mr.N.Jaganathan. Ex.P6 is the computer generated Legal Heir Certificate of Mr.N.Jaganathan. Ex.P7 is the computer generated Death Certificate of Mrs.Karunambal. Ex.P8 is the photocopy of my Aadhaar Card (Compared with the original). Ex.P9 is the is the downloaded copy of the Guideline Value of the schedule mentioned property.

Ex.P10 is the affidavit of Assets showing the Net Value of the Estate as Rs.86,72,213/-.

Ex.P11 is the copy of paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 29.04.2023.

Ex.P12 is the copy of paper publication effected in one issue of English Daily "Trinity Mirror" dated 07.05.2023.

I, pray this Hon'ble Court that the petition may be ordered as prayed for.

Time : 02.40 P.M.

BEFORE THE HON'BLE JUSTICE MR. N. SATHISH KUMAR OP.No.814 of 2021 Date : 06.11.2023 Time : 02.40 P.M.

Evidence of Mr.G.Suresh, P.W.2, aged about 46 years, S/o Mr.P.B.Geethachari, residing at No.9/689, Ravi 1st Cross Street, Royal Garden, Medavakkam, Chennai - 600 100.

In continuation of Proof Affidavit, Chief Examination by Mr.V.Sundarraman, Counsel for the Petitioner. ...............

Solemnly Affirmed:

I am the first attestor to Ex.P2 Will. I knew the Testator Mr.N.Jaganathan as my friend. He executed Ex.P2 Will on 30.07.2003 in my presence and in the presence one, Mr.V.S.Gopichandran. Mr.N.Jaganathan was in a sound state of mind at the time of execution of Ex.P2 Will. Mr.N.Jaganathan signed Ex.P2 Will in my presence. Mr.N.Jaganathan executed Ex.P2 Will on his own without any instigation from any quarter. At his presence, I signed as the first attestor to Ex.P2 Will. I was also one of the identifying witnesses at the time of registration of Ex.P2 Will. Time : 02.45 P.M.