P.R.Vijayakumar v. S.Mala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 20TH DAY OF DECEMBER 2019 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY O.P. No.1051 of 2018 In the matter of Indian Succession Act, XXXIX of and In the matter of the registered Last Will and Testament of C.H.SugunaDeceased.

P.R.VIJAYAKUMAR No.13/17, 3rd Street, Achuthan Nagar, Ekkaduthangal, Chennai-600032.

..Petitioner -vs1. S.MALA No.4/10, 5th Cross Street, Andal Nagar, Alapakkam, Porur, Chennai-600116.

2. S.SHANTHI No.4/10, 5th Cross Street, Andal Nagar, Alapakkam, Porur, Chennai-600116.

3. V.PARVATHI No.6, Sri Janani Nagar Annex, Mel Ragunathapuram, Mangadai, Chennai-600012.

4. V.MANJU No.6, Sri Janani Nagar Annex, Mel Ragunathapuram, Mangadai, Chennai-600012.

5. S.KRISHNAKUMARI No.3/611, Lakshmanaperumal Nagar, 1st Cross Street, Kottivakkam, Chennai-600041.

6. S.KOTISWARI No.33, Kandan Street, Shenoy Nagar, Chennai-600030.

7. V.GANESH No.8/4, Durgai Amman Temple Street, Melkandigai, Chither, Nemeli Ondriyam, Arakkonam.

8. V.SARAVANAN No.6, Mahalakshmi Nagar, Agraharam Street, Poonamallee-600056.

9. R.PADMINI No.13/17, 3rd Street, Achuthan Nagar, Ekkaduthangal, Chennai-600032.

10. R.BHARATH No.9, Jayson Apartments, Jothi Nagar Main Road, Ekkattuthangal, Chennai-600032.

11. K.PADMA No.9, Jayson Apartments, Jothi Nagar Main Road, Ekkattuthangal, Chennai-600032.

12. R.KAPOOR No.146, 4th Street, Ganapathy Colony, Saint Thomas Mount, Chennai-600016.

13. R.KUMAR No.146, 4th Street, Ganapathy Colony, Saint Thomas Mount, Chennai-600016.

14. M.KALAVATHI No.34/7/216-A, Chettiar Street, Mel Kavanur Village and Post, Gudiyattam Taluk, Vellore District-632209.

15. M.LEELA No.6, Solaiamman Koil, 4th Cross Street, Kodungaiyur, Chennai-600118.

16. M.DEVIKA RANI @ SHEELA New No.12/2 (Old No.7B), Teachers Colony 4th Street, Kodungaiyur, Chennai-600118.

17. P.VENKATAPATHY No.104/1, Vellalar Street, Kodambakkam, Chennai-600024.

18. V.SHOBA Door No.204, Flat No.1, 2nd Floor, Mathru Kruppa Apartment -D, Rajagopal Road, Nagashettyhalli, Bengaluru-560094.

19. S.SUJATHA No.1B, Tank Street, Anna Main Road, (Opp to Directors Colony), Kodambakkam, Chennai-600024.

20. C.H.NARASIMULU C/o.S.A.V.Durgakumar No.352, LIG-II, K.P.H.B. Colony, Andhara Kesari, (A.K.Nagar), Nellore-524004.

21. N.NAGAMANI C/o.S.A.V.Durgakumar No.352, LIG-II, K.P.H.B. Colony, Andhara Kesari, (A.K.Nagar), Nellore-524004.

22. R.THRINATH, No.11/8, Navaneetham Apartments, Shanthi Nagar, Saligramam, Chennai-600093.

23. R.BHARANI PRASAD C/o.Thrinath, No.11/8, Navaneetham Apartments, Shanthi Nagar, Saligramam, Chennai-600093.

24. P.RAVI No.2-2-5, Hansa Bellissimo, 86 and 87, Erukkencheri High Road, Moolakadai, Chennai-600118.

25. B.LATHA C/o.Bangarubabu, Plot No.30, Door No.5, III-Street, Brindavan Nagar, IAF-Post, Avadi, Chennai-600053.

..Respondents

Original Petition praying that this Hon'ble Court be pleased that he may be pemitted to prove the Will in common form and that probate thereof limited to the State of Tamilnadu may be granted to him.

This Original Petition coming on this day before this court for hearing, the court made the following order: This petition has been filed under Sections 222 and 276 of the Indian Succession Act 39 of 1925 read with Order XXV Rule 4 of Original Side Rules for grant of Probate to the Executor of the last Will and Testament dated 09.04.2011 of the deceased late C.H.Suguna.

2. I heard the learned counsel for the petitioner.

3. The learned counsel for the petitioner submits that the petitioner is the Executor of the last Will and Testament dated 09.04.2011 of the late C.H.Suguna, which was registered on 06.05.2011 in the office of the Joint Sub-Registrar at Saidapet, Chennai, as Document No.13 of 2011 in Book No.III. He further submitted that the testatrix died on 31.05.2018 at Kumaran Specialities Hospital, No.46, 1st Avenue, Ashok Nagar, Chennai-600 083 and that she left the property at Ekkattuthangal, Chennai600 032, which is within the jurisdiction of this Court. He further submitted that evidence was adduced through the petitioner who was examined as PW1 and that the following documents were exhibited through PW1:-

1. Ex.P1 is the original Will dated 09.04.2011 executed by Mrs.C.H.Suguna, which has been attested by two attesting witnesses namely 1.Mr.G.Sampath and 2.Mrs.Krishna Kumari.

2. Ex.P2 is the computer generated death certificate of C.H.Suguna, who died on 31.05.2018.

3. Ex.P3 is the computer generated death certificate of C.H.Sathyam, who died on

12.01.1989.

4. Ex.P4 is the computer generated death certificate of Sathyanarayana, who died on 03.06.2013.

5. Ex.P5 is the photocopy of the Sale Deed dated 08.06.2006 executed in favour of Mrs.C.H.Suguna (compared with original).

6. Ex.P6 is the computer generated Property Tax payment statement dated 07.09.2018.

7. Ex.P7 is the affidavit of assets showing the net value of the estate as Rs.64,90,000/-.

8. Ex.P8 (series 4 Nos) are the consents affidavits given by the respondents.

4. He also pointed out that one of the attesting witnesses was examined as PW2, namely, Mr.G.Sampath, who adduced evidence both as to the execution of the Will and with regard to the sound and disposing state of mind, memory and understanding of the testatrix at the time of execution of the last Will and Testament.

5. I considered the submissions and examined the evidence recorded. From the above, the following is clear: a) The original Will dated 09.04.2011, which has been attested by two attesting witnesses, was exhibited as Ex.P1.

b) The Death Certificate of the testatrix, namely, C.H.Suguna, was exhibited as Ex.P2.

c) The respondents have provided consent affidavits which have been marked as Ex.P8 (series 4 Nos.) d) One of the attesting witnesses was examined as PW2 and he deposed that the Will was executed in his presence and that the testatrix was in a sound and disposing state of mind, memory and understanding at the time of execution of Ex.P1 Will.

6. It is stated in the petition that no previous application was made to any District Court or delegate to any other High Court for probate of any Will of the deceased or for issue of probate or letters of administration with or without a Will annexed thereto.

7. Upon consideration of the aforesaid, the petitioner has made out a case for grant of probate in respect of the last Will and Testament of the deceased. Therefore, this petition is allowed by granting probate to the petitioner in respect of the last Will and Testament dated 09.04.2011 of the deceased, the late C.H.Suguna, to have effect limited to the State of Tamil Nadu. The petitioner is directed to provide a full and true inventory of the property and credits of the deceased and a true account of the property within a period specified in paragraph-15 of the petition.

Sd/.S.K.R.J.

20.12.2019 //Certified to be a true copy// Dated this the th day of 2020. SU/06.01.2020 COURT OFFICER From 25.09.2008 th e Registry is issuing certified copies of the Order/Judgment Decree in this format.