Allowed¶25

Will of Kishanlal Tiwari v. Kishore Tiwari (Deceased)

Madras HC13 Feb 2025OP/140/2014

Case brief

AI extract

What is this about?

Madras High Court probate ruling, O.P.No.140 of 2014, decided 13.02.2025 by Justice K. Kumaresh Babu: probate granted of the Will dated 08.02.2002 of Late.Kishanlal Tiwari to the petitioner-executor Mr.Manish Tiwari (nephew of testator) under Sections 222 and 276 of the Indian Succession Act read with Order XXV Rule 4 of O.S.Rules; attesting witnesses Umashanker Chaurasiya and Gouri Shanker Sharma (PW2, PW3) proved execution; consent affidavits of respondents 1 to 12; Section 65B Indian Evidence Act, 1872 certificate; estate net value Rs.17,97,180/-.

What did the court decide?

Probate of the last Will and testament dated 08.02.2002 executed by Late.Kishanlal Tiwari granted to the petitioner (the prayer sought probate to have effect limited to the State of Tamil Nadu). ¶25

Will of Kishanlal Tiwari Vs Kishore Tiwari… — Succession and Inheritance | Madras HC (2025)

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O.P.No.140 of 2014

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.02.2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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O.P.No.140 of 2014

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Mr.Manish Tiwari …Petitioner Vs.

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1.Mr.Kishore Tiwari (Deceased) 2.Mr.Pradeep Tiwari 3.Mr.Giridhar Tiwari 4.Mrs.Krishna Bai Dahima 5.Mrs.Vimala Bai Bhabda 6.Mr.Rameshwar Joshi 7.Mr.Madhu Sudan Joshi 8.Mr.Sunil Kumar Joshi 9.Mr.Govind Kanth Joshi 10.Mrs.Hemlatha Acharya 11.Mrs.Parvati Tiwari 12.Mrs.Kirthi Tiwari 13.Miss.Tejaswini Tiwari. (Respondents 11 to 13 brought on record as legal heirs of deceased 1 st respondent Mr.Kishore Tiwari as per order in Application No.5623 of 2022 dated 04.01.2023) ...Respondents

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PRAYER : Original Petition filed under Sections 222 and 276 of the Indian Succession Act read with Order XXV Rule 4 of O.S.Rules, praying to prove the WILL in common form, and that probate thereof, to have effect limited to the State of TAMIL NADU, may be granted to him.

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https://www.mhc.tn.gov.in/judis 1/6

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O.P.No.140 of 2014

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For Petitioner : M/s.Shah & Shah

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ORDER

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This Original Petition has been filed for issuance of Probate for the Last Will and testament dated 08.02.2002 executed by Late.Kishanlal Tiwari, who died on 15.01.2006 as a bachelor. The petitioner and one Poonamchand Tiwari were appointed as Executors under the will by the testator and the petitioner alone filed this present petition since, his father Poonamchand Tiwari died.

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2. The petitioner is the nephew of the testator through his deceased brother. The respondents 1 to 5 are the siblings of the testator and the respondents 6 to 10 are the nephews and niece of the testator through his deceased sister. During the pending litigation, the first respondent died and the legal heirs of the first respondent brought on record as the respondents 11 to 13 as per order dated 04.01.2023. The respondents 1 to 12 submitted their consent affidavits.

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3. The petitioner has examined himself as PW1. He has produced the death certificates of Late.Kishanlal Tiwari and testator parents as Ex.P2, Ex.P3 and Ex.P4. The original will dated 08.02.2002 as Ex.P1. The third

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O.P.No.140 of 2014

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respondent has been examined as RW1 and marked the consent affidavit of

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the respondents 1 to 12 as Ex.R1 to Ex.R12. A paper publication has been

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made and any objection has not been received.

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4. Mr.Umashanker Chaurasiya and Mr.Gouri Shanker Sharma, who are the attesting witnesses to the said Will has been examined as PW2 and PW3. The attesting witnesses spoken about the execution of the Will by the testator and its attestation by them and marked their affidavit as Ex.P12 and Ex.P14.

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5. In view of the said evidence, the execution of Will stands proved.

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Hence, the Original Petition is allowed granting probate of the last Will and testament dated 08.02.2002.

13.02.2025

kak

Index :Yes/No

Petitioner's witness:

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P.W.1 - Mr.Manish Tiwari P.W.2 – Mr.Umashanker Chaurasiya P.W.3 – Mr.Gouri Shanker Sharma

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Documents exhibited by the petitioners:

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*Exhibits*		*Documents*
Ex.P1	Original Will dated Tiwari.	08.02.2002 executed by Mr.Kishanlal

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O.P.No.140 of 2014

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*Exhibits*	*Documents*
Ex.P2	Computergenerated death certificate of Mr.Kishanlal Tiwari.
Ex.P3	Computergenerated death certificate of Mr.Mohan Lal.
Ex.P4	Original death certificate of Mr.Gulab Bai Tiwari.
Ex.P5	Original death certificate of Mrs.Radha Devi.
Ex.P6	Original property tax demand card in respect of the property standingin the name of Mr.M.Kishore Tiwari and two others.
Ex.P7	Photocopyof myAadhaar Card (Compared with the original)
Ex.P8	Certificate under Section 65B of the Indian Evidence Act, 1872.
Ex.P9	Affidavit of assets showing the net value of the estate as Rs.17,97,180/-.
Ex.P10	Copy of paper publication effected in one issue of Tamil daily “Malai Sudar” dated 05.08.2017.
Ex.P11	Copy of paper publication effected in one issue of English Daily“News Today” dated 05.08.2017.
Ex.P12	Myaffidavit.
Ex.P13	Photocopyof myAadhaar Card (Compared with the original)
Ex.P14	Myaffidavit.
Ex.P15	Photocopyof myAadhaar Card (Compared with the original)

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Respondent's witness:

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R.W.1 - M r.Giridhar Tiwari

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Documents exhibited by the petitioners:

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*Exhibits*	*Documents*
Ex.R1	Consent affidavitgiven bythe second respondent.
Ex.R2	Consent affidavitgiven byme.
Ex.R3	Consent affidavitgiven bythe fourth respondent.
Ex.R4	Consent affidavitgiven bythe fifth respondent.
Ex.R5	Consent affidavitgiven bythe sixth respondent.

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O.P.No.140 of 2014

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*Exhibits*	*Documents*
Ex.R6	Consent affidavitgiven bythe seventh respondent.
Ex.R7	Consent affidavitgiven bythe eighth respondent.
Ex.R8	Consent affidavitgiven bythe ninth respondent.
Ex.R9	Consent affidavitgiven bythe tenth respondent.
Ex.R10	Consent affidavitgiven bythe eleventh respondent.
Ex.R11	Consent affidavitgiven bythe twelfth respondent.
Ex.R12	Consent affidavitgiven bythe thirteenth respondent