This order granted probate of the last will and testament dated 13.02.2009 executed by the deceased D. Balambal to the petitioner, D. Prema Kumari, as its executor, validating the bequest of the testatrix's one-third share in the property.
Probate granted of the last will and testament dated 13.02.2009 to have effect limited to the State of 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.684 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
O.P.No.684 of 2022
D.Prema Kumari … Petitioner Vs. 1.Gowri 2.Balaji 3.N.Prema 4.N.Sankar 5.S.Gowri 6.S.Jayaprakash ... Respondents
PRAYER : Original Petition is filed under Sections 222 and 276 of the Indian Succession Act and under Order XXV Rule 4 of the High Court Original Side Rules, praying to allow the petitioner to prove the Will of the deceased D.Balambal in common form and grant Probate thereof to have effect throughout the State of Tamilnadu.
For Petitioner : Ms.L.Arivukkarasi
ORDER
This Original Petition has been filed for issuance of Probate for the
last Will and testament dated 13.02.2009 executed by Late D.Balambal who
died on 15.02.2009.
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2 . The petition mentioned property was originally owned by Udayakumar, son of Balambal who is the mother of the petitioner. The said Balambal died on 15.02.2009. Udayakumar predeceased Balambal by leaving behind his mother, wife and son. The first respondent is the wife of Udayakumar and the second respondent is the first respondent's son. The third respondent is the wife of the another son of Balambal and the fourth respondent is the third respondent's son. The respondents 5 and 6 are the grandchildren of the testatrix. As the legal heir of the deceased son, Balambal inherited 1/3 share in the property. During her lifetime, she executed a Will dated 13.02.2009 by bequeathing her 1/3 share in favour of the petitioner. Since Balambal died, the Will came into effect. Therefore, the petitioner has filed this Original Petition.
3. The petitioner examined herself as P.W.1 and Exhibits P1 to P5 were marked. One of the attestors of the Will has been examined as P.W.2.
4. Ex.P1 is the original Will dated 13.02.2009 executed by Balambal. Ex.P2 is the death certificate of Balambal. Ex.P3 legal heir certificate of Balambal would show that the petitioner is the one of the legal heirs of the deceased Balambal.
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5. One of the attesting witnesses of the Will has been examined as P.W.2 and he has stated in his evidence that he was present along with the other attesting witness R.Krishnamurthy at the time when the testatrix had executed the Will. He stated that he had seen the testatrix signing the Will after it has been executed. He further stated that the testatrix was in a sound and disposing state of mind at the time when the Will was executed. He further stated that he affixed his signature along with the other attestor on the Will and stood as a n attestor for the same.
6 . The evidence of P.W.1 and P.W.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 its genuineness has been proved in accordance with Section 68 of the Indian Evidence Act, 1872. Since the petitioner proved the genuineness of the Will through which she had been appointed as Executor of the Will, the relief sought shall be granted.
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7. In the result, the Original Petition is allowed by granting a probate
of the last Will and Testament dated 13.02.2009 of late D.Balambal the
testatrix, to the petitioner to have effect limited to the State of Tamilnadu.
21.09.2023
gsk Index :Yes/No
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APPENDIX
Petitioner's witnesses:
P.W.1 – D.Prema Kumari P.W.2 – Mr.B.Murugesan Documents marked:
| Exhibits | Documents |
|---|---|
| Ex.P1 | The original Will dated 13.02.2009 executed by Mrs.D.Balambal. |
| Ex.P2 | The computer generated death certificate of D.Balambal. |
| Ex.P3 | The original legal heirship certificate of D.Balambal. |
| Ex.P4 | The photocopy of the sale deed dated 09.12.1993 executed in favour of Mr.D.Udayakumar. |
| Ex.P5 | The affidavit of assets showing the net value of estate as Rs.80,00,000/- |
21.09.2023
gsk
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O.P.No.684 of 2022
R.N.MANJULA.J.,
gsk
O.P.No.684 of 2022
21.09.2023
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3 issues framed by the court
Whether the petitioner is entitled to a probate of the last will and testament dated 13.02.2009 executed by the deceased.
Whether the genuineness of the will has been proved in accordance with statutory provisions.
Whether the original petition should be allowed to grant probate to have effect throughout the State of Tamil Nadu.
1 provisions across 1 enactments
D. Prema Kumari
Gowri
Balaji
N. Prema
N. Sankar
S. Gowri
R.N. Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
