O.P.No. 132 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2023

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA

O.P.No. 132 of 2022

B.Rajeswar

…

Petitioner

Vs.

1. Sudha Shankaran

2. Chandra Sundararaman

3. Nalini Rajagopal

... Respondents

Original Petition filed for under Section 222 and 276 of the Indian

Succession Act (XXXIX of 1925) read with Order XXV Rule 4 of the High

Court Original Side rules, 1956 to allow to prove the will in common form

and that probate thereof, to have effect throughout the State of Tamil Nadu.

For Petitioner : Ms.Shobana Ramasubramaniyam

For Respondents : Ms.Rita Chandrasekar

ORDER

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

last Will and testament dated 10.08.2017 executed by late Vanaja

Rameseshan.

2. The petition mentioned properties originally belonged to one

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O.P.No. 132 of 2022

Vanaja Rameseshan by virtue of a sale deed dated 14.12.1983. During her

lifetime, Vanaja Rameseshan executed an unregistered Will dated

10.08.2017 by bequeathing the property in favour of her sister's children

who are the respondents herein and the petitioner who is the brother's son of

the testator has been appointed as the executor of the Will. Vanaja

Rameseshan remained unmarried and her parents predeceased her. She died

on 18.01.2018 and thereafter the Will came into effect.

3. The petitioner examined himself as P.W.1 and one of the attestor of

the Will by name Mr.Shalien Merchantand has been examined as P.W.2 and

the following documents have been marked:

Exhibits

Documents

P1

Photocopy of the sale deed dated 14.12.1983 executed in

favour of Mrs.Vanaja Ramaseshan (compared with the

original)

P2

Original Construction Agreement dated 14.12.1983

between Mrs.Vanaja Ramaseshan and Kalpataru

Associates.

P3

Original unregistered Will dated 10.08.2017 executed by

Mrs.Vanaja Ramaseshan

P4

Computer generated death certificate of Mrs.Vanaja

Ramaseshan

P5

Affidavit of assets showing the net value of the estate as

Rs.1,00,20,000/-

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O.P.No. 132 of 2022

Exhibits

Documents

P6

Affidavit of P.W.2

4. The unregistered Will that has been executed by the testator on

10.08.2017 is marked as Ex.P3. The copy of the sale deed in respect of the

petition mentioned property belonging to Vanaja Rameseshan is marked as

Ex.P1, after comparing it with the original. One of the attestors of the Will

by name Shalien Merchant was examined as P.W.2 and he has stated in his

evidence that the testator had executed the Will in his presence and he is the

first attestor who had affixed his signature along with his wife Kiran

Merchant who stood as the second attestor. He further stated that he has

seen the testator signing the Will in his presence and at the time of

executing the Will the testator was in sound and disposing state of mind.

5. Excepting the respondents, no other legal heirs of the deceased is

available and no one has raised any objection so far. The evidences of PW.1

and PW.2 and the documents available on record would show that the Will

has been executed in terms of Section 63(c) of the Indian Succession Act

and the same has also been proved in terms of Section 68 of the Indian

Evidence Act.

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O.P.No. 132 of 2022

6. Since the petitioner 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 of late Vanaja Ramasheshan dated

10.08.2017 to the petitioner to have effect limited to the State of Tamil

Nadu.

18.07.2023

bkn

Index :Yes/No

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O.P.No. 132 of 2022

Witnesses examined:

P.W.1: B.Rajeswar

P.W.2: Shalien Merchant

Documents Exhibited:

Exhi