The Madras High Court granted a petition for the issuance of probate of the last will and testament of Mr. Joseph Durai Raj, dated 01.11.2007. The court found that the petitioners proved the will in common form with the consent of the respondents.
Probate granted in respect of the Will dated 01.11.2007 in favour of the petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS (TESTAMENTARY AND INTESTATE JURISDICTION) TUESDAY, THE 02nd DAY OF JULY 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
O.P. No.116 of 2018 In the matter of the Indian Succession Act XXXIX of 1925 and In the matter of last Will and Testament of Late Mr.Joseph Durai Raj (Deceased) 1.Dr.Preetam Arthur, Son of Dr.George Arthur, aged 57 year, 4-12-1 and 2 Arihant Majestic Towers 216, Jawaharalal Nehru Salai, Koyembedu Chennai 600 107 ..1st Petitioner 2.Mr.Ravi Kumar Paul, No.V-68, Second Floor, PRANAV, Paradise Villa, Ann Nagar,10th Street, Chennai 40 ..2nd Petitioner -vs1.Mr.Suresh David Raj, Son of Mr.Joseph Durai Raj, 12407, King Street, Overland Park, Kansas, 66213, USA 2.Mrs.Kamalini Das, Daughter of Mr.Jospeh Durai Raj, 1471,Lametti Lane, Arden Hills, Minnesota, MN 55112, USA
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3.Mrs.Roshini Arthur, Daughter of Mr.Joseph Durai Raj, 4-12-2, Arihant Majestic Towers, 216, Jawaharalal Nehru Salai, Koyembedu, Chennai 600 107
4.Mr.Nikhil Samuel Arthur, Son of Dr.Preetam Arthur, 4-12-1 and 2, Arihant Majestic Towers, 216, Jawaharalal Nehru Salai, Koyembedu, Chennai 600 107
5.Ms.Manisha Arthur, Daughter of Dr.Preetam Arthur, 4-12-1 and 2, Arihant Majestic Towers, 216, Jawaharalal Nehru Salai, Koyembedu, Chennai 600 107 ..1 to 5 Respondents
Original Petition praying that this Honble Court be
pleased that the they may be allowed to prove the will in common form and that probate thereof to have effect through out limited to the State of Tamil nadu.
This Original Petition coming on this day before this Court for hearing the court made the following oder:
The petitioners seek issuance of Probate in respect of the Will dated 01.11.2007 executed by the Testator Mr.Joseph Durai Raj. The Testator Joseph Durai Raj died on 11.01.2013. His wife Dr.(Mrs).Mabel Durai Raj pre-deceased him on 04.04.2002. One of the daughters of Joseph Durai Raj, Dr.Malathi Raj died un-married and intestate on 03.04.2005.
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respondents 1 and 2 who are the heirs of the deceased have given their consent affidavits signifying their no objection for grant of Probate. The said consent affidavits
have been marked as Ex.P5 and Ex.P6 respectively.
the Attestor to the Will. She has spoken about the execution of the Will by the Testator and its attestation by herself and one W.J.Manokaran. She has also specifically
spoken about the Testator being in sound and disposing state of mind at the time of execution of the Will, Ex.P1.
petitioners have proved the Will in common form. Hence,
this Original Petition is allowed granting Probate in respect of the Will dated 01.11.2007 in favour of the petitioners.
//Certified to be a true copy// Dated this the day of 2019.
R.s/08.07.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
3 issues framed by the court
Whether to grant probate of the will dated 01.11.2007 executed by the deceased Mr. Joseph Durai Raj.
Whether the will was executed by the testator in a sound and disposing state of mind.
Whether the petitioners were entitled to have the will proved in common form.
1 provisions across 1 enactments
Dr. Preetam Arthur
Ravi Kumar Paul
Mr. Suresh David Raj
Mrs. Kamalini Das
Mrs. Roshini Arthur
Mr. Nikhil Samuel Arthur
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
