Madras High CourtOP/1086/2018ordered

Shri Vasudeva Das Kuthethur v. Kuthethur Poornima

2019-04-02Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 02TH DAY OF APRIL 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P. No.1086 of 2018 In the matter of Indian Succession Act XXXIX of 1925 and In the matter of the Will of K.Narayana Das (deceased) Shri.Vasudeva Das Kuthethur S/o Late K.Narayana Das 42, Gangadheeswarar Koil Street, Purasawalkkam, Chennai - 600 084.

... Petitioner -Versus1. Kuthethur Poornima W/o Late K.Narayana Das 42, Gangadheeswarar Koil Street, Purasawalkkam, Chennai-600 084.

2. Medini Kalmady Rao D/o Late K.Narayana Das 9/2, Flat No.303, 3rd Floor, Dimension Apartments, West Park Road, Kumara Park East, Bangalore-560 001.

3. Bhakta Govinda Kuthethur Das S/o Late K.Narayana Das No.37, Fivenhallway, Hoo St Weburgh Kent ME 39GF, United Kingdom,

4. Pavanee Kuthethur D/o Late K.Narayana Das 31, Manely Boulevard, snodland, Kent ME 65SD united Kingdom.

... Respondents Original Petition praying that this Hon'ble Court be pleased :

https://hcservices.ecourts.gov.in/hcservices/ a) that he may be allowed to prove the will dated

30th June 2018 executed by the said K.Narayanadas in common form.

b) Probate of the will dated 30th June 2018 executed by the said K.Narayanadas may be granted to the Petitioner to have effect throughout the whole of Union of India. This Original Petition coming on this day before this court for hearing, the court made the following order: The petitioner seeks probate of the Will dated 30.06.2018 executed by K.Narayanadas who died on 06.08.2018. 2.The petitioner who is the son of the said deceased has been appointed as executor. The 1st respondent is the wife and the respondents 2 and 4 are daughters. The 3rd respondent is another son of the deceased K.Narayanadas. 3.The petitioner has been examined as P.W.1. He has produced the death certificate of the deceased K.Narayanadas as Ex.P1 and his legal heirship certificate as Ex.P2. The original unregistered Will has been marked as Ex.P3.

The consent affidavits of the respondents 1 to 4 have been marked as Ex.P5 to Ex.P8. One S.Balasubramanian who was attesting witness to the Will has been examined as P.W.2 and he had spoken about the execution of the Will by the testator and its attestation by himself and one Suman Voora, who is the other attesting witness to the Will. 4.In view of the above evidence, I conclude that the petitioner has proved the execution of the Will by the testator and the petitioner is entitled for grant of probate. Hence, this Original Petition is allowed granting probate of the Will dated 30.06.2018 executed by K.Narayanadas.

Sd/.R.S.M.J.

02.04.2019 //Certified to be a true copy// Dated this the th day of 2019. GJM/11.4.2019 COURT OFFICER https://hcservices.ecourts.gov.in/hcservices/ From 25.09.2008 th e Registry is issuing certified copies of the Order/Judgment Decree in this format.