The High Court of Madras allowed Original Petition No. 312 of 2019 filed by G.Ragunathan for a conditional grant of probate of a joint will dated 25.06.2001, issued by parents R.Govindarajan and Jaya Govindarajan, effective only in Tamil Nadu.
Grant of probate to the petitioner in respect of the Will dated 25.06.2001, with effect limited to the State of Tamil Nadu.
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O.P.No.312 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
O.P.No.312 of 2019
G.Ragunathan ... Petitioner -vs1.G.Vasudevan 2.Prashanth K.Rangan ... Respondents
PRAYER : Original Petition filed under Sections 222 and 276 of the Indian Succession Act and under Order XXV Rule 4 of O.S.Rules for grant of Probate, pleased to prove the Will in common form and that Probate thereof to have limited effect to the State of Tamil Nadu may be granted to the petitioner.
For Petitioner : Mr.P.B.Ramanujam
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ORDER
The petitioner seeks grant of probate in respect of the last Will and testament jointly executed by R.Govindarajan and his wife, Jaya Govindarajan, on 25.06.2001.
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In course of the examination in chief of P.W.1, the eight documents listed at the foot of this order were exhibited as Exs.P1 to P8. The original Will jointly executed by Mr.R.Govindarajan and Mrs.Jaya Govindarajan is on record as Ex.P1. This exhibit discloses that the Will was executed on 25.06.2001 in the presence of two witnesses, namely, T.N.Balakrishnan and Amsa Balakrishnan. It is also evident that the Will was registered on the same date before the office of the Sub Registrar, Kodambakkam. The petitioner has been appointed as the executor of the Will. The death certificate of the late R.Govindarajan is on record as Ex.P2 and that of the late Jaya Govindarajan as Ex.P3. These documents disclose that the testator and testatrix died on 19.06.2004 and 30.01.2016, respectively. The legal heirship certificate in respect of Mr.Govindarajan is on record as Ex.P4. This document discloses the name of his wife, and the names of the petitioner and respondents herein as the class I legal heirs. Both the respondents have provided consent affidavits.
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said Advocate Commissioner has enclosed the deposition with the report dated 19.12.2022. In the deposition, P.W.2 stated that he was the neighbour of the testator and testatrix. He further deposed that he was present when the Will was signed and that both the testator and testatrix were in a sound and disposing state of mind when the Will was executed.
support thereof, the petitioner is entitled to the relief claimed. Accordingly, O.P.No.312 of 2019 is allowed by granting a probate to the petitioner in
respect of the last Will and testament dated 25.06.2001. The probate shall have effect throughout the State of Tamil Nadu.
09.01.2023
rna Index : Yes / No Internet : Yes / No
Petitioner's witness:
P.W.1 - Mr.G.Ragunathan P.W.2 - Mr.T.N.Balakrishnan
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Documents exhibited by the petitioners:
| Exhibits | Documents |
|---|---|
| Ex.P1 | Original Will dated 25.06.2001 executed jointly by Mr.R.Govindarajan and Mrs.Jaya Govindarajan. |
| Ex.P2 | Computergenerated death certificate of Mr.R.Govindarajan. |
| Ex.P3 | Computer generated death certificate of Mrs.Jaya Govindarajan. |
| Ex.P4 | Photocopy of the Legal Heirship certificate of Mr.Govindarajan, dated 02.09.2004. (Compared with the Original) |
| Ex.P5 | Computergenerated death certificate of Ms.K.Chitra. |
| Ex.P6 | Consent affidavitgiven bythe first respondent. |
| Ex.P7 | Consent affidavitgiven bythe second respondent. |
| Ex.P8 | Affidavit of assets showing the net value of the estate as Rs.20,00,000/-. |
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SENTHILKUMAR RAMAMOORTHY,J
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O.P.No.312 of 2019
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2 issues framed by the court
Whether the petitioner is entitled to the grant of probate of the joint will dated 25.06.2001.
Whether the conditional grant of probate limited to the State of Tamil Nadu should be accorded.
2 provisions across 2 enactments
G.Ragunathan
G.Vasudevan
Prashanth K.Rangan
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
