O.P.No.652 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:21.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

O.P.No.652 of 2022

M.P.Purushotham

… Petitioner

Vs

1.M.P.Chandra Babu

2.Indira Vasu

3.Makani Hemadri

4.Shoba Avula

5.Geetha Dodda

… Respondents

PRAYER: Original Petition filed for Testamentary and Intestate under

Section 222 and 276 of Indian Succession Act, 1925 under Order XXV Rule

4 of Original Side Rules, prays to prove the Will dated 01.06.1985 in

common form and that the Probate thereof.

For Petitioner : Ms.J.Hemalatha

For Respondents : No appearance

ORDER

This Original Petition has been filed for issuance of probate for the

last Will and testament dated 01.06.1985 executed by Late Jeevamma @

Padmavathyamma, who died on 06.03.1988. The petitioner and the first

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O.P.No.652 of 2022

respondent are the sons, second respondent is the daughter in-law and third

to fifth respondents are the grandchildren of the testatrix. Second to fifth

respondents are also the legal heirs of the deceased son M.P.Hemadri Vasu

of the testatrix. The petitioner has been appointed as the executor under the

said Will. The petitioner, first respondent and the deceased M.P.Hemadri

Vasu are the beneficiaries under the Will. The respondents have filed their

consent affidavits expressing their consent for grant of probate.

2. The petitioner has been examined as P.W.1. He has produced the

death certificates of the testatrix Jeevamma @ Padmavathyamma and

M.P.Hemadri Vasu, as Exs.P2 and P4. The legal heirship certificates of the

testatrix Jeevamma @ Padmavathyamma and M.P.Hemadri Vasu, as

Exs.P15 and P5. A perusal of Ex.P15 shows that the petitioner, first

respondent and the deceased son M.P.Hemadri Vasu are the only Class-I

legal heirs of the testatrix, and on perusal of Ex.P5 shows that the second to

fifth respondents are the only class-I legal heirs of the deceased son

M.P.Hemadri Vasu. The Original Will and Testament dated 01.06.1985, has

been marked as Ex.P3. The said consent affidavits of the respondents have

been marked as Exs.P10 to P14.

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O.P.No.652 of 2022

3. One Mr. Satish, who is the son of second attestor to the said Will

has been examined as P.W.2. He has identified the signature in the Will as

that of his father's and has stated that his father died on 25.07.2017, and the

death certificate is marked as Ex.P16.

4. In view of the said facts and evidence, the execution of the Will

stands proved. Hence, the Original Petition is allowed by granting probate

for the last will and testament dated 01.06.1985.

21.04.2023

gba

Index :Yes/No

Speaking: Yes/ No

Neutral Citation: Yes/ No

Petitioner's witness:

P.W.1 – Mr.M.P.Purushotham

P.W.2 – Mr.Dr.Satish

Documents exhibited by the petitioner:

Exhibits

Documents

Ex.P1

Photocopy of the petitioner's Aadhaar card

Ex.P2

Original death certificate

of Jeevammal alias

Padmavathyamma

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O.P.No.652 of 2022

Exhibits

Documents

Ex.P3

Original Will executed by Jeevammal alias Padmavathyamma

dated 01.06.1985

Ex.P4

Computer generated death certificate of M.P.Hemadri Vasu

Ex.P5

Computer generated legal heirship certificate of M.P.Hemadri

Vasu

Ex.P6

Computer generated guideline value of the property mentioned

in the schedule of the petition

Ex.P7

(Series 6 nos.) are the computer generated E-Receipts of the

Electricity, Water Tax and property Tax in respect of the

property mentioned in the schedule of the petition

Ex.P8

Photocopy of the Will in Telugu along with translated version

in English made by High Court dated 01.02.1935 executed by

Vempati Thayarama

Ex.P9

Affidavit of assets showing the net value of the estate as

Rs.2,23,36,795/-

Ex.P10

Consent affidavit given by the 1^st respondent

Ex.P11

Consent affidavit given by the