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Madras High CourtOP/39/2025ordered

V.Ayyadurai v. Renuka Chandramohan And 2 Others

2025-04-02Honourable Mr Justice K.Kumaresh Babu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mr.V.Ayyadurai ... Petitioner Vs 1.Smt.Renuka Chandramohan 2.Mr.K.Sundareswaran 3.Smt.Radha Venkatachalam

...Respondents

PRAYER: Original Petition filed for Probate under Section 222 and 276 of Indian Succession Act, R/W Order Order XXV Rule 4 of Original Side Rules, prays to allow the petitioner to prove the WILL in common form and that probate thereof to have effect limited to the State of Tamil Nadu may be granted to him.

For Petitioner : Mr.P.Muthukumaarasaamy For Respondents : Mr.S.Wilson for RR1 to 3

ORDER

This Original Petition has been filed for issuance of Probate for the Last Will and testament dated 27.05.2020 executed by Late.R.Krishnamoorthy, who died on 18.10.2022. The petitioner has been appointed as executor under the Will.

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2. The respondents are the children of the testator. The parents and wife of the testator had predeceased him. The present application is only for a limited grant and is restricted to testator's immovable properties. The will dealt with 7 properties which were specifically bequeathed on the each respondents separately. The respondents are only the beneficiaries under the Will. The respondents have also filed their consent affidavits expressing their consent for the grant of probate. The petitioner made an application to appoint advocate commissioner to examine himself in A.No.857 of 2025. The said application was ordered on 24.02.2025 and Mr.K.Harishankar, Advocate had been appointed as advocate commissioner to examine the petitioner. The advocate commissioner examined the petitioner and had filed his report along with marked documents on 07.03.2025.

3. The Advocate Commissioner has examined the petitioner as PW1. He has produced the computer generated death certificate of testator and his wife Mrs.Kanagambigai as Ex.P2 and Ex.P3. The Computer generated Legal heir certificate of testator as Ex.P4. The original will dated 27.05.2020 as Ex.P1. On perusal of Ex.P4, it clearly exhibits that the respondents are the children of the testator and only surviving legal heirs of the testator. 2/6

4. Mr.R.Bharanidharan, who was the first attesting witness to the said Will has been examined as PW2. The attesting witness had spoken about the execution of the Will by the testator and its attestation by him and marked his affidavit as Ex.P22.

5. Mr.S.Wilson, the learned counsel for the respondents reiterated the consent affidavits filed by the respondents along with the original petition.

6. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.

7. In view of the said evidence, the execution of Will stands proved. Hence, the Original Petition is allowed granting probate of the last Will and testament dated 27.05.2020.

Index :Yes/No Speaking: Yes/ No 3/6

Petitioner's witness:

P.W.1 - Mr.V.Ayyadurai P.W.2 - Mr.R.Bharanidharan Documents exhibited by the petitioners:

Exhibits Documents Date Ex.P1 Original Will 27.05.2020 Ex.P2 Computer generated copy of the Death Certificate of Late Mr.R.Krishnamoorthy, issued by Greater Chennai Corporation 30.10.2022 Ex.P3 Computer generated copy of the Death Certificate of Late Mrs.Kanagambigai Krishnamoorthy, issued by Greater Chennai Corporation 17.11.2021 Ex.P4 Computer generated copy of the Legal Heirship Certificate in respect of Late Mr.R.Krishnamoorthy 15.12.2022 Ex.P5 Photocopy of Sale deed registered as Document No.1646/1972, SRO Mylapore.

28.08.1972 Ex.P6 Photocopy of Builders Agreement in respect Commercial Space G3 and F3, Dignity Centre, Old Door Nos.16 & 17, New Door Nos.21 & 21/1, Abdul Razack Street, Saidapet, Chennai -15 14.02.1998 Ex.P7 Photocopy of Sale Deed, Document No.432/1999, JSR II, Saidapet 03.03.1999 Ex.P8 Photocopy of Sale deed registered as Document No.272/1996, JSRO II, Saidapet 11.03.1996 Ex.P9 Photocopy of Sale Deed registered as Document No.2720/1989, SRO, Thiruporur 11.10.1989 Ex.P10 Photocopy of Sale Deed, registered as Document No.2862/1989, SRO, Thiruporur 30.10.1989 Ex.P11 Photocopy of Sale Deed, registered as Document No.2863/1989, SRO, Thiruporur 30.10.1989 Ex.P12 Photocopy of Sale Deed, registered as Document No.2923/1989, SRO Thiruporur 04.11.1989 Ex.P13 Photocopy of Sale Deed, registered as Document 25.11.1989 4/6

Exhibits Documents Date No.3417/1989, SRO Thiruporur Ex.P.14 Photocopy of Sale Deed registered as Document No.3118/1989, SRO Thiruporur 25.11.1989 Ex.P.15 Photocopy of Sale Deed, registered as Document No.177/1990, SRO Thiruporur 27.01.1990 Ex.P.16 Photocopy of Sale Deed, registered as Document No.875/1990, SRO Thiruporur 09.04.1990 Ex.P.17 Photocopy of Sale Deed registered as Document No.687/1985, District Registrar, Madras Central 12.07.1985 Ex.P.18 Photocopy of Partition Deed, registered as Document No.718/1970, SRO Koothanallur 07.02.1970 Ex.P.19 Affidavit of Assets showing the net value of the estate as Rs.29,99,00,000/- Ex.P.20 Affidavit of certify electronic evidence Ex.P.21 Photocopy of Aadhar Card Ex.P.22 Affidavit of the Attesting witness Ex.P.23 Photocopy of the Aadhar card of PW2 5/6

K.KUMARESH BABU,J.

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