Petitioner sought probate of a will under Sections 222 and 276 of the Indian Succession Act, 1925. Witness testimony confirmed valid execution and attestation, supported by respondent consents. Court held petitioner proved the will and granted probate.
Grant of probate of the Last Will and Testament of the Late K. Ganesan in favour of the petitioner.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION)
TUESDAY, THE 07TH DAY OF SEPTEMBER 2021
THE HON'BLE MR. JUSTICE V.PARTHIBAN
O.P.No. 251 of 2021
In the matter of Indian Succession Act XXXIX of 1925
and
In the matter of the Last Will and Testament of Late K.Ganesan-deceased
..Petitioner
-Vs-
2.Mr.K.SAMBASIVAM
https://hcservices.ecourts.gov.in/hcservices/ S/o.Late Shri Kunchithapatham, 407, Cozy Nest, Amman Mandapam Road,
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Srirangam, Tiruchirappalli-620 006
3.Mrs.SEETHALAKSHMI VENKATARAMAN D/o.Late Shri Kunchithapatham, 12/23, Canara Bank Colony, Gandhi Nagar, Saligramam, Chennai-600 093
4.Mrs.RAJEE RAJABHUSHANAM D/o.Late Shri Kunchithapatham, Old No.5, New No.10, Nathella Sampath Chetty Road, I Cross Ambattur, Chennai-600 053
5.Mr.SRIDHAR KUNJITAPADAM S/o.Late Shri Kunchithapatham, New No.11, Flat No.2, Nu Tech Satyam Villa, Lakshmi Colony, T.Nagar, Off North Cresent Road, Thiyagaraya Nagar, Chennai-600 017
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Original Petition praying that this Hon'ble Court be pleased to prove
the will in common form and that probate thereof to have effect through the Union of India, may be granted to the petitioner.
This Original Petition coming on this day before this court for hearing the court made the following order:
This petition has been filed under Sections 222 and 276 of the Indian Succession Act, 1925 read with Order XXV, Rule 4 of O.S. Rules, for the grant of Probate in respect of the last Will and Testament of the deceased K.Ganesan.
of kin or other person interested to be impleaded. The petitioner stated that
the deceased bequeathed his properties to be taken as mentioned in the Will.
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The deceased possessed of properties within the Union of India including
the properties within the jurisdiction of this Court.
two witnesses whose names appear at the foot thereof.
https://hcservices.ecourts.gov.in/hcservices/ also to render to this Court a true account of the said properties and credits
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within one year from the said date.
consent affidavit given by the 4th respondent stating that she has no https://hcservices.ecourts.gov.in/hcservices/ objection in grant of Probate as prayed in the petition. Ex.P10 is the consent
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affidavit given by the 5th respondent stating that he has no objection in grant of Probate as prayed in the petition. Ex.P11 is the consent affidavit
given by the 6th respondent stating that he has no objection in grant of Probate as prayed in the petition. Ex.P12 is the consent affidavit given by the 7th respondent stating that he has no objection in grant of Probate as prayed in the petition. Ex.P13 is the affidavit of assets showing the net value of the estate as Rs.2,44,00,000/-.
Mr.Jayaraman Venugopalan was examined as P.W.2. In his evidence, he has stated that he knew the Testator Mr.Ganesan Kunchithapatham as he is his cousin. He executed his Last Will and Testament on 11.11.2015 Ex.P1 in his presence and in the presence of Mrs.Saraswathi R. At his request, he subscribed his signature as the first attesting witness along with Mrs.Saraswathi R., who attested the Will Ex.P1 as the second attesting witness in the presence of the Testator. He saw the Testator signing in both the pages of the Will Ex.P1. All of them signed in each other's presence. The Testator was in a sound, disposing state of mind, memory and understanding at the time of execution of Ex.P1 Will. He filed his affidavit in this regard which is marked as Ex.P14.
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attestation of the Will and there is no other materials to suspect the Will.
The respondents have also filed their consent affidavits.
petitioner has proved the execution and attestation of the Will. Hence, the petitioner is entitled for the issuance of probate in his favour.
Sd/.V.P.N.J. 07.09.2021
//Certified to be a true copy// Dated this the day of 2021
SU/15.09.2021 COURT OFFICER(O.S.)
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
2 issues framed by the court
Whether the petitioner proved execution and attestation of the Last Will of the deceased to be entitled for issuance of probate.
Whether the consent affidavits of the respondents obviated the need for cross-examination on substantive issues.
3 provisions across 2 enactments
Mr. Muralidharan S/o. Ramachandran
Mrs. M. Lakshmi D/o. Late Shri Kunchithapatham
Mr. K. Sambasivam S/o. Late Shri Kunchithapatham
Mrs. Seethalakshmi Venkataraman D/o. Late Shri Kunchithapatham
Mrs. Rajee Rajabushanam D/o. Late Shri Kunchithapatham
Mr. Sridhar Kunjitapadam S/o. Late Shri Kunchithapatham
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
