R Sekar v. K Shankaran
Case brief
What is this about?
In this original petition filed under the Indian Succession Act, 1925, the petitioner applied for probate of the deceased's Will. The court found the claim proved based on the Will, death certificate, asset details, attesting witness evidence, and consent affidavits from respondents, granting the probate.
What did the court decide?
Grant of probate of the Will in respect of the petitioner.
What the court decided
A compact analysis
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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O.P.No.653 of 2020
V.PARTHIBAN.,J.
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 R.Lakshminarayanan.
2.In the petition, it is stated that the deceased R.Lakshminarayanan died on 25.11.2018 at Ground Floor,"Coronate Manor",9,Dr.Ranga Road, Mylapore, Chennai-600 004. The deceased was ordinarily residing at the said address. The deceased executed a Will dated 24.09.2018. The Testator appointed the petitioner as the executer of the Will. Petitioner is the nephew of the deceased and the petitioner's father predeceased the Testator. Respondents 1,3,4,5 and 6 are the children of brothers of the deceased and respondent 2 is the wife of the petitioner. The parents of the deceased also predeceased him. The amount of assets which is likely to come to the petitioner's hands does not exceed in the aggregate sum of Rs.66,27,725.65 and the net amount of the said assets after deducting all the items, which the petitioner is by law allowed to deduct is only of the value of Rs.66,07,725.65. The petitioner has impleaded all the next kin of the deceased and other persons interested as respondents and there is no next kin or other https://www.mhc.tn.gov.in/judis/
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persons interested to be impleaded. The petitioner has also obtained the consent affidavits of the respondents. The petitioner undertakes to duly administer the property and credits of the deceased R.Lakshminarayanan and in any way concerning the Will by paying first her debts and then the legacies therein bequeathed so far as the assets will extend and to make a full and true inventory thereof to the Court within six months from the date of grant of Probate to the petitioner and also to render to this Court a true account of the said property and credits within one year from the said date. No application has been filed in any other Court for the Probate of the Will of the said deceased or Letters of Administration with or without the Will annexed to her property.
Issues for consideration
3 issues framed by the court
Whether the petitioner is entitled to the grant of probate of the last Will and Testament of the deceased R.Lakshminarayanan.
Whether the petitioner proved his claim supported by documents and attesting witnesses.
Whether the consent affidavits of the respondents justify the grant of probate.
Parties & counsel
- petitioner
V.Parthiban
- respondent
Respondent 1
- respondent
Respondent 2
- respondent
Respondent 3
- respondent
Respondent 4
Case details
As recorded by the court registry
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