M.P.Purushotham v. M.P.Chandra Babu And 4 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:21.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU M.P.Purushotham ... Petitioner Vs 1.M.P.Chandra Babu 2.Indira Vasu 3.Makani Hemadri 4.Shoba Avula 5.Geetha Dodda ... Respondents PRAYER: Original Petition filed for Testamentary and Intestate under Section 222 and 276 of Indian Succession Act, 1925 under Order XXV Rule 4 of Original Side Rules, prays to prove the Will dated 01.06.1985 in common form and that the Probate thereof.

For Petitioner : Ms.J.Hemalatha For Respondents : No appearance

ORDER

This Original Petition has been filed for issuance of probate for the last Will and testament dated 01.06.1985 executed by Late Jeevamma @ Padmavathyamma, who died on 06.03.1988. The petitioner and the first 1/5

respondent are the sons, second respondent is the daughter in-law and third to fifth respondents are the grandchildren of the testatrix. Second to fifth respondents are also the legal heirs of the deceased son M.P.Hemadri Vasu of the testatrix. The petitioner has been appointed as the executor under the said Will. The petitioner, first respondent and the deceased M.P.Hemadri Vasu are the beneficiaries under the Will. The respondents have filed their consent affidavits expressing their consent for grant of probate.

2. The petitioner has been examined as P.W.1. He has produced the death certificates of the testatrix Jeevamma @ Padmavathyamma and M.P.Hemadri Vasu, as Exs.P2 and P4. The legal heirship certificates of the testatrix Jeevamma @ Padmavathyamma and M.P.Hemadri Vasu, as Exs.P15 and P5. A perusal of Ex.P15 shows that the petitioner, first respondent and the deceased son M.P.Hemadri Vasu are the only Class-I legal heirs of the testatrix, and on perusal of Ex.P5 shows that the second to fifth respondents are the only class-I legal heirs of the deceased son M.P.Hemadri Vasu. The Original Will and Testament dated 01.06.1985, has been marked as Ex.P3. The said consent affidavits of the respondents have been marked as Exs.P10 to P14.

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3. One Mr. Satish, who is the son of second attestor to the said Will has been examined as P.W.2. He has identified the signature in the Will as that of his father's and has stated that his father died on 25.07.2017, and the death certificate is marked as Ex.P16.

4. In view of the said facts and evidence, the execution of the Will stands proved. Hence, the Original Petition is allowed by granting probate for the last will and testament dated 01.06.1985. Index :Yes/No Speaking: Yes/ No Petitioner's witness:

P.W.1 - Mr.M.P.Purushotham P.W.2 - Mr.Dr.Satish Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Photocopy of the petitioner's Aadhaar card Ex.P2 Original death certificate of Jeevammal alias Padmavathyamma 3/5

Exhibits Documents Ex.P3 Original Will executed by Jeevammal alias Padmavathyamma dated 01.06.1985 Ex.P4 Computer generated death certificate of M.P.Hemadri Vasu Ex.P5 Computer generated legal heirship certificate of M.P.Hemadri Vasu Ex.P6 Computer generated guideline value of the property mentioned in the schedule of the petition Ex.P7 (Series 6 nos.) are the computer generated E-Receipts of the Electricity, Water Tax and property Tax in respect of the property mentioned in the schedule of the petition Ex.P8 Photocopy of the Will in Telugu along with translated version in English made by High Court dated 01.02.1935 executed by Vempati Thayarama Ex.P9 Affidavit of assets showing the net value of the estate as Rs.2,23,36,795/- Ex.P10 Consent affidavit given by the 1st respondent Ex.P11 Consent affidavit given by the 2nd respondent Ex.

P12 Consent affidavit given by the 3rd respondent Ex.P13 Consent affidavit given by the 4th respondent Ex.P14 Consent affidavit given by the 5th respondent Ex.P15 Photocopy of the legal heirship certificate of Jeevammal alias Padmavathyamma Ex.P16 Computer generated death certificate of Dr.H.L.

K.KUMARESH BABU,J.

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