O.P.No.491 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA

O.P.No.491 of 2022

K.Balasubramaniam

... Petitioner

Vs.

1. K.S.Anantha Narayanan

2. K.Vaijayanthi

... Respondents

Original Petition is filed under Section 222 & 276 of the Indian

Succession Act, 1925 and under Order XXV, Rule 4 of Original Side Rules, to

prove the Will in common form, and that probate thereof, to have effect limited

to the State of TamilNadu.

For Petitioner : Mr.R.Kamaraj

ORDER

This Original Petition has been filed under Section 222 & 276 of the

Indian Succession Act, 1925 and under Order XXV, Rule 4 of Original Side

Rules seeking to prove the Will in common form, and that probate thereof, to

have effect limited to the State of TamilNadu.

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2.The averments in the petition are as follows:-

The petition mentioned movable and immovable assets described in the

originally belonged to one Ramaswami who died on 23.07.2021. His wife

Kamala predeceased him on 23.10.2015. During the life time of Ramaswami,

he had executed a registered will dated 04.03.2021 bequeathing his movable

and immovable assets in favour of the respondents 1 and 2 by appointing the

petitioner as executor of the will.

3. The petitioner examined himself as P.W.1 and Exs.P.1 to P7 were

marked.

4. Ex.P1 is the sale deed dated 03.09.1959 executed in favour of

D.Ramasamy. Ex.P2 is the supplementary deed dated 17.08.1960 executed in

favour of Ramasamy. From Ex.P.3-death certificate of T.Kamala, it is seen that

the wife of the testator predeceased him. Ex.P5 is the death certificate of

Ramasamy. The 2^nd respondent had given her consent in favour of the

petitioner.

5. P.W.1 had stated in his evidence that himself and the other attestor by

name C.Srinivasan who is examined as P.W.2 were present at the time when

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O.P.No.491 of 2022

the Will was executed and he had seen the testator affixing his signature in

their presence. He further stated that the testator was in sound and disposing

state of mind at the time of execution. He further deposed that he and

C.Srinivasan affixed their signatures in the Will in the presence of the attestors.

6. The evidences of PW.1 and PW.2 and the documents available on

record would show that the Will has been executed as per the terms of Section

63(c) of the Indian Successions Act and the same has been proved in terms of

Section 68 of the Indian Evidence Act. The respondents have no objection to

grant probate in favour of the petitioner. Since the petitioner had proved the

genuineness of the Will in which he had been appointed as executor of the

Will, the relief sought shall be granted.

7. In the result, the Original Petition is allowed by granting probate of

the last Will and Testament dated 04.03.2021 of late D.Ramaswami to the

petitioner to have effect limited throughout the State of Tamil Nadu.

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O.P.No.491 of 2022

APPENDIX

Petitioner's witness:

P.W.1 – K.Balasubramaniam

P.W.2 – C.Srinivasan

Respondent's witness:

R.W.1 – K.S.Anantha Narayanan

R.W.2 – K.K.Vaijayanthi

Documents marked:

Exhibits

Documents

P1

Photocopy of the sale deed dated 03.09.1959 executed in favour

of Mr.D.Ramasamy

P2

Photocopy of the supplemental deed to Ex.P.1 dated 17.08.1960

executed in favour of Mr.D.Ramasamy

P3

Computer generated death certificate of Dr.T.Kamala

P4

Original Will dated 04.03.2021 executed by Mr.D.Ramasamy

P5

Computer generated death certificate of Mr.D.Ramasamy

P6

Photocopy of petitioner's Aadhar Card

P7

Affidavit of assets showing the net value of estate of

Rs.1,04,32,156/-

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O.P.No.491 of 2022

R.N.MANJULA, J.

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