N.Surendar (Alias Surrander v. G.S.Venkatramani And 15 Others
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 09TH DAY OF DECEMBER 2019 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A.NO.9499 OF 2019 IN O.P.No.917 of 2017 In the matter Indian Succession Act XXXIX of 1925.
And In the matter of the Last Will and Testament - G.V.Jayalakshmi(deceased)
1. N.SURENDAR (ALIAS SURRANDER Naganathan) 5274 236th Place SE, Issaquah, WA 98029 USA
2. POORVAJA ALIAS PURVAJA RAMACHANDRAN(alias Purvasha) Old NO.20 New NO.49, Hindi Prachar Sabha Street, T.Nagar, Chennai 600 017.
..APPLICANTS/PETITONERS -VS1. G.S.VENKATRAMAN,I A 203 Manas Tower, Jijau Coop Housing Society ltd, Plot 4-5-6-7, Sector 17, Kamote Navi Mumbai, Maharashtra 410 209.
2. BALU SWAMI 2534 NW Stoney Creek Drive, Issaquah, WA 98027 USA.
3. RAM NATHAN 1503 Fort Lloyd Place, Round Rock, TX 78665 USA.
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4. GEETHA KRISHNAMURTHY 5422 Dunnethead Drive, Houston, TX 77084 USA
5. LALITHA SRINIVASAN 11201 Golden Meadow Court.
Germantown MD 20876 USA.
6. CHANDRASEKAR RAMACHANDRAN 2807 Autumn Estates, Sane Jose CA 95135 USA.
7. SHOBA TRIVADI 14058 Abdullah Way, Saratoga, CA 95070, USA
8. KALPANA TRIVADI 260 Gabarda Way, Portola Valley, CA 94028, USA
9. KRISHNA TRIVADI 260 Gabarda Way, Portola Valley, CA 94028, USA
10. SWAPNA TRIVADI 14058 Abdullah Way, Saratoga, CA 95070, USA.
11. DEEPA NATARAJAN ALIAS BALA 464 Miwok Court, Fremont, CA 95539 USA.
12. KRITHIKA NATARAJAN ALIAS LEELA #305 Block A-2, Adora Akshaya Homes, Kazhipattur, OMR, Tamilnadu -603 103.
13. SHWETHA NATARAJAN 11/11 Ashirwad Apartments, Lock Street, IV Main Road, Kotturpuram, Chennai 600 085.
14. SAMBASIVAN MAHESH KUMAR 14 English Ivy Drive, Sicklerville, NJ 08081 USA
15. LEELA JAYARAMAN 2630 Quail Ridge Lane, Wexford, PA 15090 USA
16. NAGANATHAN SHANKER 401 Queensgate, Hiranandani Estate, Ghodbunder Road, Thane (W) Maharashtra 400 607.
..RESPONDENTS/RESPONDENTS Application praying that this Hon'ble Court be pleased to permit the Applicants/Petitioners to amend the addess of deceased Testatrix incorporating the correct name
/ 3 / of the apartment as SIVAM APARATMENTS instead of Shrirama Apartments in Paragraph 4 in O.P.No.917 of 2017 and consequently direct the Registry to carry out the said amendment in the probate granted to the Applicants/Plaintiffs in pursuance of the order dated 05/04/2019.
This Application coming on this day before this court for hearing the court made the following order: This application is filed to permit the Applicants/Petitioners to amend the address of the deceased Testatrix by incorporating the correct name of the apartment as "Sivam Apartments" instead of "Shrirama Apartments" in paragraph No.4 in O.P. No.917 of 2017 and consequently direct the Registry to carry out the said amendment in the probate granted to the Applicants/Petitioners pursuant to the order dated 05.04.2019.
2. I heard the learned counsel for the applicants. The learned counsel for the applicants submitted that the address of the Testatrix had been furnished in O.P. No.917 of 2017 as 3/38, 'Shrirama Apartments', 3rd Main Road, Gandhi Nagar, Adyar, Chennai 600 020 and that the name of the apartment had been wrongly specified therein because the said mistake had been made in the Death Certificate issued by the Corporation of Chennai. Upon realising the mistake, he submitted that, the applicants approached the Corporation of Chennai and corrected the mistake as regards the name of the apartment and obtained a revised Death Certificate, which is annexed to the application. Consequently, he submits that it has become necessary to amend the name of the apartment in O.P. No.917 of 2017, so as to carryout the consequential amendment in the probate granted to the Applicants / Petitioners.
3. Upon considering the submissions of the learned counsel and on examining the affidavit and the relevant records in support thereof, I am of the view that this
/ 4 / application is liable to be allowed. Accordingly, this application is allowed by permitting the Applicants / petitioners to amend the address of the deceased Testatrix by incorporating the correct name of the apartment as "Sivam Apartments" instead of "Shrirama Apartments" in paragraph No. 4 of O.P. No.917 of 2017 and consequently, the Registry is directed to carry out the said amendment in the probate granted to the Applicants / Petitioners pursuant to the order dated 05.04.2019.
Sd/.S.K.R.J.
09.12.2019 //Certified to be a true copy// Dated this the day of 2019.
SU/13.12.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.