Advocates:
['M/S PAUL AND PAUL', '', 'J HUDSON SAMUEL & PARTNERS', 'M/S PAUL & PAUL', 'J HUDSON SAMUEL AND PARTNERSFOR P', 'R- MRS G SHASHIKALA', '', 'R- MR G SURENDAR', 'G SURENDHRA MALLYA', 'R- MRS G SHYAMA', 'R- MR G M SRINIVASAMALLYA', 'R- MRS GEETHA GOPI', 'R- MR M BASKAR', 'R- MR S SRINIVASAN', 'R- MR C N NANDAGOPAL', 'R- MR N KRISHNAN', 'M/S ADITHYA A', 'PRABHAKARAN S']

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION)

THURSDAY, THE 06TH DAY OF JUNE 2019

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

O.P.No.915 of 2017

In the matter of the Indian

Succession Act XXXIX of

1925

and

In the matter of the Last

Will and Testament of

N.Sundari(deceased)

1.Miss.N.Kanaka,

No.79/1, Arya Gowda Road,

West Mambalam,

Chennai 600 033

*2.Mrs.Geetha Gopi,

No.59, 4^th Street,

Kannadasan Nagar,

Ramapuram,

Chennai 600 089

(Transposed as 2^nd Petitioner

vide order dated 12.11.2018

passed in A.No.8636/2018) ...Petitioners

-vs-

1.Mrs.G.Shashikala,

W/o.Mr.L.Lakshmana Hegde,

No.11/A1, II Main Road

Srinivasapuram, Korattur

Chennai 600076

2.Mr.G.Surendar @ G.Surendhra Mallya,

Plot No.117, 6^th Street, 1^st Sector,

K.K.Nagar, Chennai 600 078

https://hcservices.ecourts.gov.in/hcservices/

2

3.Mrs.G.Shyama,

W/o. Mr.N.Suresh Gini,

Old No.31, New No.28

Venkatachala Naicker Street,

Triplicane, Chennai 600 005

4.Mr.G.M.Srinivasamallya,

Plot No.117, 6^th Street,

Kannadasan Nagar,

Ramapuram, Chennai 600 089

*5.Mrs.Geetha Gopi,

No.59, 4^th Street,

Kannadasan Nagar,

Ramapuram, Chennai 600 089

(Transposed as 2^nd Petitioner

vide order dated 12.11.2018

passed in A.No.8636/2018)

6.Mr.M.Baskar,

No.209, 4A Cross,

3^rd Block, HRBR Layout,

Bangalore 560043

7.Mr.S.Srinivasan,

No.10, 2^nd Cross Street,

Gupta Layout Ulsoor,

Bangalore 560008

8.Mr.C.N.Nandagopal,

No.2, Ramanujam Street,

Nungambakkam, Chennai 600 034

9.Mr.N.Krishnan (Deceased)

No.79/1, Arya Gowda Road,

West Mambalam, Chennai 600 033

*10.Mrs.Thenkumari Krishnan,

W/o.Late Mr.N.Krishnan,

No.79/1, Arya Gowda Road,

West Mambalam, Chennai 600 033

https://hcservices.ecourts.gov.in/hcservices/

3

*11.Mrs.Radhika Shankar,

W/o.Late Mr.N.Krishnan,

No.79/1, Arya Gowda Road,

West Mamabalam,

Chennai 600 033

(Amended as per order dated

20.03.2019 passed in A.Nos.1297 to 1299/2019)

(R10 & R11 brought on record as Lrs of R9)

...Respondents

Original Petition praying that this Hon'ble Court be

pleased to permit the petitioner to prove the Will dated

31.03.2014 in common form and that probate thereof limited

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

This Original Petition coming on this day before this

court for hearing the court made the following order:

The petitioner seeks issuance of probate for the Will

dated 31.03.2014 executed by Late Mrs.N.Sundari, who died

on 03.07.2014.

2. While the first petitioner was appointed as

Executor under the Will, the second petitioner was an

alternative Executor. Since the first petitioner died

pending the original petition, the second petitioner, who

was originally shown as 5^th respondent was transposed as the

second petitioner. The respondents who are the heirs of the

deceased N.Sundari have filed their consent affidavits

expressing their consent for grant of probate to the Will

and the said affidavits have been marked as Exs.P20 to P28.

https://hcservices.ecourts.gov.in/hcservices/

4

The death certificate of the testator has been marked as

Ex.P16.

3. The petitioner has also examined one Mr.M.Gnana

Kumar as P.W.2. The said Gnana Kumar, who is one of the

attesting witnesses to the Will has spoken about the

execution of the Will by the testator and its attestation

by himself and one R. Mohan. The affidavit of the

attesting witness has also been marked as Ex.P34.

4. Considering the said evidence, I find that the

petitioner has proved the execution and the attestation of

the Will and she is entitled to probate of the Will. In

fine, this original petition is allowed granting probate to

the Will dated 31.03.2014 in favour of the petitioner.

Sd/.R.S.M.J

06.06.2019

//Certified to be a true copy//

Dated this the day of 2019.

R.s/17.06.2019 COURT OFFICER

From 25.09.2008 t