O.P.No. 74 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2023

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA

O.P.No. 74 of 2023

Sankaran Natarajan

…

Petitioner

Vs.

1.Mythili Sankaran

2.Subramanian Sankaran

3.Sankaran Venkataraman

...

Respondents

PRAYER: Original Petition filed for Testamentary and Intestate under

Sections 222 and 276 of the Indian Succession Act, 1925 read with Order

XXV Rule 4 of the High Court Original Side Rules, 1956 prays to prove the

Will in common form and that the Probate thereof to have effect throughout

the State of Tamil Nadu may be granted to the petitioner.

For Petitioners : M/S.S.R.Sundar

For Respondents : M/S.S.R.Subashini

ORDER

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

last Will and testament dated 13.03.2019 executed by Late Venkataraman

Sankaran, who died on 21.03.2021.

2.The petition mentioned properties belonged to one Venkataraman

Sankaran as his self acquired properties. During his life time he executed a

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O.P.No. 74 of 2023

Will dated 13.03.2019 by bequeathing all the properties in favour of the 1^st

respondent who is the wife of Venkataraman Sankaran, by appointing the

petitioner as the executor of the Will. Venkataraman Sankaran died on

21.03.2021 leaving behind the 1^st respondent and the petitioner and the

respondents 2 and 3 as his legal heirs.

3. The 1^st respondent is the wife of the deceased and the petitioner

and the respondents 2 and 3 are sons of the deceased. The petitioner who

has been appointed as the executor in the Will of the Testator has been

examined as PW.1 and through him the following documents are marked:

Exhibits

Documents

Ex.P1

Original unregistered Will dated 13.03.2019 executed by

Venkataraman Sankaran

Ex.P2

Computer generated death certificate of V.Sankaran

Ex.P3

Computer generated legal heirship certificate of V.Sankaran

Ex.P4

Photocopy of the Aadhar Card of V.Sankaran

Ex.P5

Photocopy of the Family Card of V.Sankaran

Ex.P6

Photocopy of the Aadhar Card of the petitioner

Ex.P7

Photocopy of the Aadhar Card of the 1^st respondent

Ex.P8

Photocopy of the Aadhar Card of the 2^nd respondent

Ex.P9

Photocopy of the Aadhar Card of the 3^rd respondent

Ex.P10

Photocopy of the Sale Deed dated 11.07.1988 executed in

favour of V.Sankaran

Ex.P11

Photocopy of the Sale Deed dated 14.12.2011 executed in

favour of V.Sankaran

Ex.P12

Photocopy of the Sale Deed dated 02.11.2015 executed in

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O.P.No. 74 of 2023

Exhibits

Documents

favour of V.Sankaran

Ex.P13

Photocopy of the PPF Accounts Passbook in State Bank of

India, Adyar Branch bearing Account No.10792690473

standing in the name of V.Sankaran

Ex.P14

Affidavit of assets showing the net value of the estate as

Rs.2,50,00,000/-

Ex.P15

Consent affidavit given by the 1^st respondent

Ex.P16

Consent affidavit given by the 2^nd respondent

Ex.P17

Consent affidavit given by the 3^rd respondent

4. The respondents 1 to 3 have also filed their consent affidavits

expressing their consent for grant of probate and they are marked as Ex.15

to 17.

5. One of the attesting witness by name B.Mahalakshmi examined as

PW.2 and she has stated that the Will was executed by Venkataraman

Sankaran in her presence. She had also further stated that the other attesting

witness R.Harini was also present and PW.2 subscribed her signature as the

2^nd attesting witness in the Will. She has also stated that herself and other

attesting witness had seen the testator signing the Will and at that time he

was in a sound and disposing state of mind.

6. The above oral and documentary evidence on the side of the

petitioner proved that the Will is true and genuine. The Will which is

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O.P.No. 74 of 2023

R.N.MANJULA, J.

jrs

produced as Ex.P1 would show that it would fulfill the essential

requirements of Sec.63(3) of the Indian Successions Act with the evide