Rajaram Rajkumar v. Hema Rv Chander And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.11.2025 CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL Rajaram Rajkumar S/o. Rajaram Venguswamy Iyer ...... Petitioner Vs.
1.Hema RV Chander W/o. Late V. Ravichander 2.Praveen RV Chander S/o. Late V. Ravichander 3.Pradeep RV Chander S/o. Late V. Ravichander ....
Respondents PRAYER: Original Petition is filed under Section 222 and 276 of the Indian Succession Act 1925 and under Order XXV Rule 4 of Madras High Court Original Side Rules for issuing Probate.
For petitioner :
Ms. Deepika Murali For respondents :
No appearance.
ORDER
This petition has been filed under Section 222 and 276 of the Indian Succession Act read with Order XXV Rule 4 of Madras High Court Original Page No.1 of 8
Side Rules seeking to grant Probate of the Will dated 28.07.2022 executed by Late Mr. V. Ravichander to have effect through out the State of Tamil Nadu.
2. According to the petitioner, one V. Ravichander is the husband of the 1 st respondent and father of the 2 nd and 3 rd respondents and he died on 14.02.2023. The deceased S. Ravichander, during his lifetime, had possessed some immovable properties mentioned in the schedule. The deceased Mr. V. Ravichander had executed his last Will and Testament on 28.07.2022 in the presence of the attesting witnesses, who are his sons and the 2 nd and 3 rd respondents herein. The petitioner is appointed as the Executor of the Will. The deceased died leaving behind him the respondents as next of kin to succeed his estate and the respondents are the legal heirs of the said deceased V. Ravichander. There is no any objection raised by any respondent or any other person to probate the Will in favour of the petitioner. The respondents have also filed their consent affidavits in this regard. The value of assets would come around Rs.4,55,00,000/-.
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3. The petitioner had undertaken to duly administer the specified property and credits of the deceased in any way concerned his Will by paying the debts first and then the legacies therein bequeathed so far as the assets will extend and to make full and true inventory thereof and exhibits the same in this Court within the six months from the date of the grant of probate to the petitioner and also to render to this Court a true account of the said property within one year from the said date.
4. In order to prove the claim of the petitioner, PW1 and PW2 were examined on the side of the petitioner and Ex.P.1 to Ex.P.14 were marked. The petitioner herein was examined as PW1. The 2 nd respondent, who signed in the Will executed by the Testator Mr. V. Ravichander, as first attesting witness, was examined as PW2. Both witnesses have categorically deposed about the relationship between the parties and the deceased and about the execution of the Will by the testator and attestation of the Will. Page No.3 of 8
5. PW1, the petitioner herein, in his evidence had narrated the averments made in the petition stating that he has filed this petition for grant of Probate of the Last Will and Testament executed by the deceased Late Mr.V. Ravichander on 28.07.2022. The copy of the Will and testamant has been marked as 'Ex.P.1'. The 2nd respondent is one of the attesting witnesses and he has deposed that he is the first attesting witness to the Will and the testator is his father and he was present when the testator executed the Will, that the testator was in sound state of mind while executing the Will and he, and his younger brother Pradeep RV Chander, have signed in the Will as attestors. He has also identified the signatures of testator and attestors. Therefore, the execution of the Will and attestation are duly proved in accordance with law.
6. From the averments made in the petition and the petitiner side evidences supported by the documents, it is clear that the petitioner has Page No.4 of 8
proved his claim and there is no contra evidence. Hence, this Court is satisfied that the petitioner is entitled to the relief as prayed for in the petition.
7. In the result, the Original Petition is allowed and the Will executed by Late Mr. V. Ravichander dated 28.07.2022 is hereby probated. 03.11.2025 Index :
Yes/No Speaking Order :
Yes/No mjs APPENDIX:
List of Petitioner side Witnesses:
PW1 :
Mr. Rajaram Rajkumar PW2 :
Mr. Praveen RV Chander List of Petitioner side Documents:
Exhibit No.
Date Description of Documents.
Ex.P.1.
28.07.2022 Photocopy of the Will executed by Mr. V. Ravichander in favour of Hema.
Ex.P.2 - Downloaded copy of Death Certificate of Mr.
V. Ravichander.
Ex.P.3 - Downloaded copy of Legal Heirship Certificate of Mr. V. Ravichander.
Ex.P.4.
14.10.2024 Downloaded copy of Property Tax receipt standing in the name of Mr. V. Ravichander.
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Ex.P.5 13.06.2024 Downloaded copy of Property Tax Receipt standing in the name of Shantha Jayaram.
Ex.P.6 14.10.2024 Downloaded copy of Property Tax Receipt standing in the name of Shantha Jayaraman.
Ex.P.7 14.10.2024 Downloaded copy of Property tax receipt standing in the name of Hema Ravichandran and Ravichandran.
Ex.P.8 22.06.1993 Photocopy of the Memorandum of Recording in respect of oral partition between the Testator and his brothers.
Ex.P.9 - Photocopy of the Aadhar Card of Hema RV Chander.
Ex.P.10 - Photocopy of the Aadhar Card of Praveen RV Chander.
Ex.P.11 - Photocopy of PW1's Aadhar Card.
Ex.P.12 - Photocopy of the Aadhar Card of Pradeep RV Chander.
Ex.P.13 - Affidavit under Section 63(4) of B.S.A. for the downloaded copies.
Ex.P.14 - Copy of affidavit of assets showing a net value of Rs.4,55,00,000/- 03.11.2025 P.DHANABAL.,J Page No.6 of 8
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