Original Petition filed by executor to probate a Will dated 21.07.2014 executed by the testatrix. Court allowed proof of Will under Indian Succession Act. Probate granted limited to Tamil Nadu.
Probate of the last Will and Testament dated 21.07.2014 of late Vijaya Sankaranarayanan granted to the petitioner for effect limited to Tamil Nadu.
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.
O.P.No.621 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2023
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
O.P.No.621 of 2021
R.Sathyanarayanan ... Petitioner
Vs.
1. S.Jayashankar @ Jayashankar Sharma 2. Poornima Raina @ S.Poornima ...Respondents
Original Petition is filed under Sections 222 & 276 of the Indian
Succession Act, XXXIX of 1925 read with Order XXV Rule 4 of the Original Side Rules, the petitioner allowed to prove the WILL in common form and that the probate thereof to have effect throughout the Union of India.
For Petitioner : Mr.P.Anbarasan
ORDER
This Original Petition has been filed under Sections 222 & 276 of the
Indian Succession Act, XXXIX of 1925 read with Order XXV Rule 4 of the
Original Side Rules, to allow the petitioner to prove the WILL in common form and grant probate thereof to have effect throughout the Union of India.
1/6
O.P.No.621 of 2021
2.The averments in the petition are as follows:-
The petition mentioned property originally belonged to the father of the 1st and 2nd respondents by name Sankaranarayanan. He had executed a Will dated 21.07.2014 bequeathing his immovable assets in favour of his wife and movable assets in favour of the 1st respondent who is his son. In respect of the above Will, the first respondent had filed a petition in O.P.No.619 of 2021 seeking Letters of Administration and the same was allowed. The mother of the respondents also died on 14.10.2017. During her lifetime she had executed a Will dated 21.07.2014 by bequeathing her movable and immovable properties in favour of her only son who is the 1st respondent herein and appointed the petitioner as the executor of the Will. After her death, the Will came into effect and hence this petition has been filed by the executor of the Will. One of the daughters of Sankaranarayanan who has been impleaded as second respondent did not file any objection.
is the death certificate of Sankaranaryanan. Ex.P.3 - legal heirship certificate
2/6
O.P.No.621 of 2021
of Sankaranarayanan would show that his wife and three children were his only legal heirs. Ex.P6 is the death certificate of one of the daughters of Sankaranarayanan by name Meera Sharma. Though after receiving notice, the second respondent did not file any objection nor contest the matter.
6. The evidences of PW.1 and PW.2 and the documents available on record would show that the Will has been executed as per the terms of Section 63(c) of the Indian Successions Act and the same has been proved in terms of
Section 68 of the Indian Evidence Act. Since the petitioner had proved the genuineness of the Will in which he had been appointed as executor of the Will, the relief sought shall be granted.
3/6
O.P.No.621 of 2021
7
7 . In the result, the Original Petition is allowed by granting probate of
the last Will and Testament dated 21.07.2014 of late Vijaya Sankaranarayanan
to the petitioner to have effect limited throughout the State of Tamil Nadu.
22.09.2023
bkn
4/6
O.P.No.621 of 2021
APPENDIX
Petitioner's witness:
P.W.1 – R.Sathyanarayanan P.W.2 – D.Palani Kumar Documents marked:
| Exhibits | Documents |
|---|---|
| P1 | Original registered WILL dated 21.07.2014 executed by Vijaya Sankaranarayanan @ Vijaya. |
| P2 | Original death certificate of Mrs.Vijaya Sankaranarayana |
| P3 | Original legal heirship certificate of S.Sankaranarayanan dated 29.10.2004 |
| P4 | Photocopy of the sale deed dated 08.02.1971 executed in favour of Sri.S.S.Sankaranarayanan. |
| P5 | Photocopy of the settlement deed dated 07.08.2012 executed in favour of Mr.S.Jayashankar Sharma |
| P6 | Computer generated death certificate of Ms.Meera Sharma |
| P7 | Affidavit of assets showing the net value of estate as Rs.79,80,000/- |
22.09.2023
bkn
R.N.MANJULA, J.
5/6
O.P.No.621 of 2021
bkn
O.P.No.621 of 2021
22.09.2023
6/6
3 issues framed by the court
Whether the petitioner is entitled to prove the Will in common form and grant probate thereof to have effect throughout the Union of India.
Whether the Will was properly executed under Section 63(c) of the Indian Succession Act.
Whether the execution of the Will was duly proved under Section 68 of the Indian Evidence Act.
4 provisions across 4 enactments
R.Sathyanarayanan
S.Jayashankar @ Jayashankar Sharma
Poornima Raina @ S.Poornima
R.N. Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
