P.Ranga Ramanujam v. T.Vijayakumar And 9 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2023
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMARAMAMOORTHY Mr.P.Ranga Ramanujam ... Petitioner vs.
1.T.Vijayakumar 2.Mrs.Arcot Mohinya 3.Mrs.Geethanjali Venkatesh 4.T.Vikram Kumar 5.Mrs.Vandana Kumar 6.Dilip Rao 7.Sudhir Rao 8.Rohit 9.Ms.Shravanthi 10.Mrs.Kalpana Kumar ... Respondents PRAYER: This original petition is filed under Sections 222 & 276 of the Indian Succession Act XXXIX of 1925 R/W Order XXV Rule 4 of Rules of the Madras High Court Original Side Rules, 1956, praying to allow the petitioner to prove the will in common form and that probate thereof to have effect throughout the Union of India. 1 / 7
For Petitioner : Mr.Raja Ravivarma for M/s.R.Subramanian For Respondents : --- ******
O R D E R
The petitioner seeks probate of the last Will and Testament of Mrs.T.Lakshmi dated 02.09.2011.
2. The petitioner asserts that he was the auditor of the testatrix, Mrs.T.Lakshmi, and was named as the executor under the Will. The petitioner asserted that the said Will was executed at Chennai on 02.09.2011 and registered as Document No.43 of 2011 before the SRO, T.Nagar, in the presence of two witnesses whose names appear at the foot of the Will. The petitioner further states that the first to third respondents are the son and two daughters of the testatrix, the fourth to ninth respondents are the grandchildren of the testatrix and the tenth respondent is the wife of the first respondent. Since these persons are the beneficiaries, they are arrayed as respondents. 2 / 7
3. In order to prove the Will, the petitioner adduced evidence by examining himself as P.W.1. In course of the examination in chief of P.W.1, the 22 documents listed at the foot of this order were exhibited as Exs.P1 to P22. The original Will dated 02.09.2011(Ex.P1) discloses that the said Will was executed in the presence of Dr.P.Manohar and Mr.W.S.Jayaprakash. It is also evident that the Will was registered as Document No.43 of 2011 before the SRO, T.Nagar. The husband of the testatrix and the petitioner herein were named the executors under the Will. The death certificate of the testatrix (Ex.P2) discloses that she died on 12.04.2020. The death certificate of the husband of the testatrix is on record as Ex.P3. This document discloses that he died on 10.07.2020. The legal heirship certificate in respect of Mr.T.
Narayana Rao, husband of the testatrix, discloses the names of the first to third respondents as the surviving legal heirs. It also discloses that the testatrix is dead. As evidence of the title of the testatrix to the assets bequeathed under the Will, Exs.P6 to P10 have been placed on record. The consent affidavits of all the respondents are on record as Exs.P13 to P22.
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4. One of the attesting witnesses, Mr.W.S.Jayaprakash, was examined as P.W.2. He deposed that the testatrix was his aunt and that the Will was executed by the testatrix in his presence and in the presence of the other attesting witness. He further deposed that the testatrix was in a sound and disposing state of mind when the Will was executed.
5. Based on the evidence adduced by the petitioner, the Will stands duly proved. Consequently, the petitioner is entitled to probate.
6. For reasons aforesaid, O.P.No.615 of 2022 is allowed by granting a probate to the petitioner in respect of the last Will and Testament dated 02.09.2011 of Mrs.T.Lakshmi. The probate shall have effect throughout the Union of India.
rrg 24.01.2023 4 / 7
Petitioner's witness:
Mr.P.Ranga Ramanujam : P.W.1 Documents exhibited by the petitioners:
Exhibits Particulars of Documents Ex.P1 Origial Will dated 02.09.2011 executed by Mrs.T.Lakshmi Ex.P2 Computer generated death ceritifacte of Mrs.T.Lakshmi Ex.P3 Computer generated death certificate of Mr.T.Narayana Rao. Ex.P4 Computer generated Legal heirship certificate of Mr.T.Narayana Rao Ex.P5 Computer generated Legal Heirship Certificate of Mrs.T.Lakshmi Ex.P6 Photocopy of the registered Lease Deed daed 20.03.1986 Ex.P7 Photocopy of the registered Lease Deed dated 30.04.1990 Ex.P8 Photocopy of the Sale Deed dayted 28.01.1998 Ex.P9 Photocopy of the Canara Bank Passbook bearing Account No. 1283101005459 standing in the names of Mrs.T.Lakshmi, Mr.T. Narayana Rao and T.Vijayakumar, along with the computer generated statement for the period 11.07.2022 to 20.07.2022. Ex.P10 Photocopy of the IDFC Long Term Infrastructure Bond bearing certificate No.28343.
Ex.P11 Original statement of valuation as on 11.08.2021 in respect of Mrs.T.Lakshmi Ex.P12 Affidavit of assets showing the net value of the estate as Rs.1,38,28,823.65.
Ex.P13 Consent affidavit given by the first respondent Ex.P14 Consent affidavit given by the secont respondent Ex.P15 Consent affidavit given by the third respondent Ex.P16 Consent affidavit given by the fourth respondent Ex.P17 Consent affidavit given by the fifth respondent Ex.P18 Consent affidavit given by the sixth respondent Ex.P19 Consent affidavit given by the seventh respondent Ex.P20 Consent affidavit given by the eighth respondent 5 / 7
Exhibits Particulars of Documents Ex.P21 Consent affidavit given by the ninth respondent Ex.P22 Consent affidavit given by the tenth respondent Ex.P23 Affidavit as attesting witness 24.01.2023 SENTHILKUMAR RAMAMOORTHY J.
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rrg O.P.No.615 of 2022 24.01.2023 7 / 7