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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
S. Nagarajan – Appellant
Versus
R. Kalyani – Respondent
Original Petition No. 297 of 2024
Decided On : 14-11-2024
| Table of Content |
|---|
| 1. probate application details and succession context (Para 1 , 2 , 3) |
| 2. evidence presented to support the will (Para 4 , 5) |
| 3. testamentary disposition and executor rights (Para 6 , 7 , 8) |
| 4. jurisdiction and legal consent for probate grant (Para 9) |
| 5. order granting probate (Para 10) |
ORDER :
1. This Original Petition for grant of Probate is filed under Sections 222 and 276 of the Indian SUCCESSION ACT , 1925 read with Order XXV, Rule 4 of the O.S. Rules, in respect of the registered Will of Late Tmt.Ganga Bai, W/o Late A.Subbaraya Tawker.
2. The case of the petitioner herein is that, the Testatrix Tmt.Ganga Bai died on 17/09/2005, leaving behind her husband Mr.A.Subbaraya Tawker, two sons by name, Nagarajan and Chandrasekar, the legal heirs of her pre- deceased son Ramakrishnan and a daughter by name Anuradha. Later, her husband Mr.A.Subbaraya Tawker died on 27.03.2016 and her daughter Anuradha died on 13.06.2022 leaving behind her husband and two daughters. After the demise of his father, the last Will of his mother Ganga Bai was located and found that she had executed a Will dated 05/12/1991 appointing the petitioner as Executor and got it registered at SRO, Mylapore as Document No: 153 of 1991 in Book III, dated 06/12/1991.
3. As per the wish of the testatrix, the petitioner and his brother are the joint beneficiary of the Will. They both had jointly paid Rs.2,00,000/- to the legal heirs of Anuradha as mandated in the Will and had discharged the charge created under the Will. The execution of the Will been witnessed by two persons one by name M.Lakshmanan and another by name T.K.Balachandran. They both are no more. With an undertaking that he will duly administer the property and credits of the deceased Ganga Bai and make a full and true inventory thereof and exhibit the same in this Court within 6 months from the date of grand of Probate, the present petition is filed.
4. On receipt of the summons, the respondents 1 to 4 had entered appearance and had filed affidavit consenting for grant of Probate in favour of the petitioner.
5. To prove the Will, the petitioner has examined himself as PW-1 and marked the documents as Ex.P-1 to Ex P-22. Since the attesting witnesses are dead, Meera, W/o Chandrasekar, who is the daughter-in-law of Gangabai being conversant with the signature of the testatrix been examined as PW-2 and marked Ex.P-23 and Ex.P-24. The documents relied by the petitioner are: -
| Ex.P1 | Original Will dated 05.12.1991 executed by Mrs.Ganga bai. |
| Ex.P2 | Photocopy of the sale deed dated 10.07.1961 executed in favour of Mrs.Ganga Bai. |
| Ex.P3 | Photocopy of the extract from permanent land registrar (patta) in respect of the property standing in the name of Mrs.Ganga Bai. |
| Ex.P4 | Photocopy of the letter dated 24.11.1966 from Madras State Electricity Board addressed to Mrs.Ganga Bai. |
| Ex.P5 | Photocopy of his Aadhar Card. |
| Ex.P6 | Photocopy of the property tax in respect of the property standing in the name of Mrs.Ganga Bai. |
| Ex.P7 | Photocopy of the water and sewerage tax card in respect of the property standing in the name of Mrs.Ganga Bai. |
| Ex.P8 | Photocopy of the electricity consumption card in respect of the property standing in the name of Mrs.Ganga bai. |
| Ex.P9 | Affidavit of assets showing the net value of the estate as Rs.49,50,000/-. |
| Ex.P10 | Computer generated legal heir certificate of Mrs.S.Ganga Bai along with the certificate under Section 65B of the Indian Evidence Act, 1872. |
| Ex.P11 | Computer generated death certificate of Mrs.S.Ganga Bai along with the certificate under Section 65B of the Indian Evidence Act, 1872. |
| Ex.P12 | Photocopy of the encumbrance certificate for the period from 01.01.1911 to 31.12.1974. |
| Ex.P13 | Computer generated death certificate of Mrs.Anuradha along with the certificate under Section 65B of the Indian Evidence Act, 1872. |
| Ex.P14 | Computer generated legal heir certificate of Mrs.Anuradha alongwith the certificate under Section 65B of the Indian Evidence Act, 1872. |
| Ex.P15 | Computer generated fund transfer NEFT e-receipt dated 02.12.2 |
The court upheld the validity of the registered Will, confirming the petitioner as Executor with the consent of all legal heirs and without objection, facilitating the smooth administration of the es....
The validity of a Will can be established through proper attestation and proof of execution, allowing for the grant of Probate despite the absence of objections from potential heirs.
The authenticity of a 'Will' can be proved by examination of at least one of the two attesting witnesses, as per Section 68 of the Indian Evidence Act.
The main legal point established in the judgment is the validity and execution of a Will in accordance with the Indian Succession Act, XXXIX of 1925 and the Indian Evidence Act, 1872.
Proof of a Will does not require strict evidence of death; credible testimony and circumstantial evidence can suffice to establish validity and execution, emphasizing substantial justice in probate p....
The court upheld the validity of the Will based on the evidence of an attending witness despite the absence of attesting witnesses.
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