Vepa Krishna v. Ravindra Kumar Bhuwalka
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2024
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Vepa Krishna ...
Petitioner Vs.
1. Ravindra Kumar Bhuwalka
2. Rajkumar Bhuwalka Kumaran Charitalbe Old Age Home, No.7, Mosque Street, Pattabhiram, Chennai 600 072.
3. Kumkum Goenka ...
Respondents PRAYER: Original Petition has been filed under under Section 222 and 276 and Part X of the Indian Succession Act, 1925 read with Order XXV Rule 4 of the Original Side Rules, praying that the petitioner may be allowed to prove the Will in common form and that probate thereof to have effect throughout the State of Tamil Nadu may be granted to him. For Petitioner : Mr.K.S.V.Prasad For R1 : Mr.S.Ravi
O R D E R
This Original Petition has been filed under under Section 222 and 276 and Part X of the Indian Succession Act, 1925 read with Order XXV Rule 4 of the Original Side Rules, praying that the petitioner may be allowed to prove the Will in common form and that probate thereof to have effect throughout the State of Tamil Nadu may be granted to him.
2. The learned counsel for the petitioner submitted that the petitioner is the Executor appointed under the Will. The Testator died on 4th March 2007 at Apollo Hospitals, 21 Greams Road, Chennai 600 006, leaving behind an immovable property. The Testator's elder son is Mr.Ravindra Kumar Bhuwalka, his younger son is Mr.Rajkumar Bhuwalka and his daughter is Mrs.Kumkum Goenka. The parents and wife Mrs.Uma Devi Bhuwalka of the deceased Testator predeceased him. The 2nd respondent is not fully mentally developed and therefore an application of Guardian ad litem was filed. By an order dated 06.02.2024 made in Application No.8278 of 2018 in O.P.No.148 of 2019, this Court appointed Mr. Ravindra Kumar Bhuwalka as the guardian for 2nd respondent. All the legal heirs of the Testator have been shown as the respondent herein.
3. The learned counsel for the petitioner further submitted that the total value of the assets after deducting all items which the petitioner is allowed by law to deduct does not exceed the amount of Rs.16,39,500/- held in the State Bank of Hyderabad (now State Bank of India), as can be seen from the pass book of the bank (Ex.B3). It is submitted that the respondents 1 and 3 have no objection to the issuance of probate of Will to the petitioner and have also executed consent affidavit.
4.The petitioner examined himself as P.W.1 and marked Exs.P1 to P4. Mr.S.Rajaraman, the 2nd attestor was examined as P.W.2 and marked Ex.P5. He deposed that at the time of the execution of the Will, the Testator was in a sound state of mind and in good health.
5. After perusing the evidence of P.W.1 and P.W.2 and Exs.P1 to P4, I find that the Will has been made out.
6. Accordingly, the Original Petition is allowed. In respect of the share of the 2nd respondent who is now in the care and custody of the Home as mentioned in the cause title, the Executor is directed to maintain necessary
accounts for the amount and pay the amount due to Kumaran Charitable Old Age Home and file a statement once in a year on or before 30th of march. 25.09.2024 Speaking order : Yes/No spp APPENDIX Petitioner's witness:
P.W.1 - Mr. Vepa Krishna P.W.2 - Mr.S.Rajaraman Documents marked:
S.No Particulars Exhibits Original Will dated 06.01.2005 executed by Mr.Indra Kumar Bhuwalka.
P1 Original death certificate of Mr.Indra Kumar Bhuwalka. P2 Original Bank passbook of Mr.Indra Kumar Bhuwalka in State Bank of Hyderabad, Thousand Lights Branch, Chennai 600 014.
P3 Affidavit of assessts showing the net value of the estate as Rs.16,39,500/-.
P4 Photocopy of Aadhar Card (P.W.2).
P5 25.09.2024 spp
RMT. TEEKAA RAMAN , J.
spp 25.09.2024