IN THE HIGH COURT OF JUDICATURE AT MADRAS…
Probate granted to petitioners jointly in accordance with Rules; no costs.
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O.P.No.328 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.08.2024
CORAM
THE HON'BLE MR. JUSTICE RMT.TEEKAA RAMAN
O.P.No.328 of 2024
1.Mr.A.R.Karunakaran
2.Mr.Pradip D.Kothari ... Petitioners
Vs.
1.Mr.Deepak Banker Linubhai
2.Mr.Kunal Banker Deepak Banker
3.Mrs.Aditi Ameet Parikh
4.Ms.Avanti Banker ... Respondents
PRAYER: Original Petition filed under Sections 222 & 276 of the Indian Succession Act, 1925 (Act XXXIX of 1925) Read with Order XXV Rule 4 of the Original Side Rules to prove the Will of the deceased Mrs.Gita Banker Deepak Banker, dated 16/09/2023, in common form and that probate thereof to have effect limited to the State of Tamil Nadu may be granted to the petitioners (Mr.A.R.Karunakaran and Mr.Pradip.D. Kothari) jointly.
For Petitioners : M/s.G.Rajkumar For Respondents : Mr.K.Newlin Frederick [R.1 to R.4]
O.P.No.328 of 2024
O R D E R
This petition is filed under Sections 222 & 276 of the Indian
Succession Act, 1925 (Act XXXIX of 1925) Read with Order XXV Rule 4 of
the Original Side Rules, 1956 in the matter of last Will & Testament of
Mrs.Gita Banker Deepak Banker.
the following documents were marked:-
| **S.No. ** | Exhibits | Description of documents |
|---|---|---|
| 1. | P1 | The original unregistered Will and Testament dated |
| 16.09.2023 executed byMrs.Gita D.Banker. | ||
| 2. | P2 | The computer generated death certificate of Mrs.Gita |
| Bander Deepak Banker. | ||
| 3. | P3 | The computergenerated legal heir shipcertificate of |
2/6
O.P.No.328 of 2024
| **S.No. ** | Exhibits | Description of documents |
|---|---|---|
| Mrs.Gita Bander Deepak Banker. | ||
| 4. | P4 | The photocopy of the sale deed dated 23.06.2023 executed in favour of Mrs.Gita Deepak Banker and Ms.Aditi Parikh (Compared with the original). |
| 5. | P5 | The downloaded copy of the statement of shares and deposits held byMrs.Gita Banker in HDFC Bank. |
| 6. | P6 | The affidavit of assets showing the net value of the estate as Rs.15,43,20,026/-. |
| 7 | P7 | The certificate under Section 65B of the Indian Evidence Act, 1872. |
of the Will, and P.W.3, the attestor of the Will, along with the concerned affidavits of respondents 1 to 4 and the documentary evidence, I find that the
O.P.No.328 of 2024
Will is proved in the manner known to law.
Registry to issue Probate to the petitioners in accordance with Rules. No costs.
20.08.2024
Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No (shr)
APPENDIX
List of witness examined on the side of the Petitioners:-
1.Mr.A.R.Karunakaran (P.W.1) 2.Mr.Pradip D.Kothari (P.W.2) 3.Mr.Prabhakaran Mohan (P.W.3)
List of Documents marked on the side of the Petitioners:-
| **S.No. ** | Exhibits | Description of documents |
|---|---|---|
| 1. | P1 | The original unregistered Will and Testament dated |
| 16.09.2023 executed byMrs.Gita D.Banker. | ||
| 2. | P2 | The computer generated death certificate of Mrs.Gita |
| Bander Deepak Banker | ||
| 3. | P3 | The computergenerated legal heir shipcertificate of |
4/6
O.P.No.328 of 2024
| **S.No. ** | Exhibits | Description of documents |
|---|---|---|
| Mrs.Gita Bander Deepak Banker | ||
| 4. | P4 | The photocopy of the sale deed dated 23.06.2023 executed in favour of Mrs.Gita Deepak Banker and Ms.Aditi Parikh (Compared with the original). |
| 5. | P5 | The downloaded copy of the statement of shares and deposits held byMrs.Gita Banker in HDFC Bank. |
| 6. | P6 | The affidavit of assets showing the net value of the estate as Rs.15,43,20,026/- |
| 7 | P7 | The certificate under Section 65B of the Indian Evidence Act, 1872. |
List of witness examined on the side of the Respondents:- -NIL List of documents marked on the side of the Respondents:- -NIL
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O.P.No.328 of 2024
RMT.TEEKAA RAMAN, J.
(shr)
O.P.No.328 of 2024
20.08.2024
2 provisions across 2 enactments
Mr.A.R.Karunakaran
Mr.Pradip D.Kothari
Mr.Deepak Banker Linubhai
Mr.Kunal Banker Deepak Banker
Mrs.Aditi Ameet Parikh
Ms.Avanti Banker
RMT.Teekaa Raman
As recorded by the court registry
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