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2022 Supreme(Online)(Mad) 73219
MADRAS HIGH COURT
Honourable Mr Justice ABDUL QUDDHOSE
Ravoori Lavanya Ram – Appellant
Versus
Prema Ravi – Respondent
OP/477/2021
A will must be executed in the presence of two or more witnesses who must attest the will in the presence of the testator.
Headnote:
PROBATE - WILL - EXECUTION - VALIDITY - [Section 68 of the Indian Succession Act, 1925] - The court granted probate of a will after being satisfied that the will was duly executed and attested by two witnesses, and that the testator was of sound mind and body at the time of execution.
Fact of the Case:
The petitioner, the brother-in-law of the deceased, filed a petition for grant of probate of a will executed by the deceased, Dr. K. Ravi, who died on 28.09.2020. The respondents were the deceased's wife and children. The petitioner was appointed as the executor in the will. The respondents gave their consent for the grant of probate in favor of the petitioner.
Finding of the Court:
The court, after examining the evidence and considering the pleadings, found that the will was duly executed and attested by two witnesses, and that the testator was of sound mind and body at the time of execution. The court also noted that the respondents had given their consent for the grant of probate in favor of the petitioner.
Issues: Whether the will was duly executed and attested.
Ratio Decidendi: The court relied on Section 68 of the Indian Succession Act, 1925, which provides that a will must be executed in the presence of two or more witnesses who must attest the will in the presence of the testator.
Final Decision: The court granted probate of the will in favor of the petitioner.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION)
TUESDAY, THE 11TH DAY OF JANUARY 2022
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
O.P.No.477 of 2021
In the matter of Indian
Succession Act, 1925
(Act XXXIX of 1925)
and
In the matter of Last Will and
Testament of Dr.K.Ravi – deceased
Mr.RAVOORI LAVANYA RAM,
S/o.Venkateswarlu,
No.23, V.G.Street,
Nungambakkam,
Chennai - 600 034.
..Petitioner
-Vs-
1. MRS.PREMA RAVI
W/o.Dr.K.Ravi
No.3, Ground Floor,
Tilak Towers, II Link Street,
CIT Colony,
Chennai - 600 004.
2.Mr.VIGNESH RAVI
S/o.Dr.K.Ravi,
No.3, Ground Floor,
Tilak Towers, II Link Street,
CIT Colony,
Chennai - 600 004.
3.Mr.PARMESH RAVI
S/o.Dr.K.Ravi,
No.3, Ground Floor,
2
Tilak Towers, II Link Street,
CIT Colony, Chennai - 600 004.
(The 3rd Respondent is now temporarily
studying at 237, Bloor Street,
Sudbury, P3C 2L1, Ontario,
Canada)
..Respondents
Original Petition praying that this Hon'ble Court be pleased to permit
the petitioner to prove the Will in common form and that probate thereof to
have effect limited to the State of Tamil Nadu 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 for grant of Probate. The petitioner is the
Executor under the Will dated 11.02.2016 executed by Dr.K.Ravi, who died
on 28.09.2020 leaving behind the aforementioned Will. Under the subject
Will, the respondents are the beneficiaries.
2. Before the Learned Master, the petitioner was examined as a
witness (P.W.1) and in his deposition he has reiterated the contents of the
petition filed in support of O.P.No.477 of 2021. Through P.W.1, the
following documents were marked as exhibits:-
Exhibits
Nature of the documents
Ex.P1
Photocopy of the Sale Deed dated 02.09.1991 executed in
3
Exhibits
Nature of the documents
favour of K.Ravi, registered as Document No. 1652 of
1991, Sub Registrar's Office, Tirupporur.
Ex.P2
Photocopy of the Sale Deed dated 02.07.1993 executed in
favour of K.Ravi, registered as Document No. 1014 of
1993 at Sub Registrar's Office, Tirupporur.
Ex.P3
Photocopy of the Sale Deed dated 11.01.1995 executed in
favour of K.Ravi, registered as Document No. 233 of 1995
at Sub Registrar's Office, Tirupporur.
Ex.P4
Photocopy of the Sale Deed dated 05.07.1996 executed in
favour of K.Ravi, registered as Document No. 1791 of
1996 at Sub Registrar's Office, Tirupporur.
Ex.P5
Photocopy of the Sale Deed dated 13.10.2005 executed in
favour of K.Ravi, registered as Document No. 6855 of
2005 at Sub Registrar's Office, Tirupporur.
Ex.P6
Photocopy of the Sale Deed dated 13.10.2005 executed in
favour of K.Ravi, registered as Document No. 6856 of
2005 at Sub Registrar's Office, Tirupporur.
Ex.P7
Photocopy of the Sale Deed dated 03.02.2010 executed in
favour of K.Ravi, registered as Document No. 533 of 2010
at Sub Registrar's Office, Tirupporur.
Ex.P8
Photocopy of the Sale Deed dated 30.09.1992 executed in
favour of K.Ravi, registered as Document No. 925 of 1992
at Sub Registrar's Office, Kodaikanal.
Ex.P9
Photocopy of the Release Deed dated 16.12.2002 executed
in favour of K.Ravi, registered as Document No. 1089 of
2002 at Sub Registrar's Office, Kodaikanal.
Ex.P10
Photocopy of the Sale Deed dated 12.07.1996 executed in
favour of K.Ravi, registered as Document No. 1713 of
1996 at Sub Registrar's Office, Mylapore.
Ex.P11
Photocopy of the Construction Agreement dated
02.09.1995.
Ex.P12
Photocopy of the Decree of Divorce dated 13.07.1995 in
O.P.No.47 of 1995 passed by I Additional Family Court,
Madras.
Ex.P13
Photocopy of the Marriage Invitation dated 27.08.2000 in
respect of Priya.
Ex.P14
Original Will dated 11.02.2016 executed by Dr.K.Ravi.
Ex.P15
Computer generated death certificate of Dr.K.Ravi, who
4
Exhibits
Nature of the documents
died on 28.09.2020.
Ex.P16
Computer generated Legal Heirship certificate dated
05.02.202
