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Mrs.P.K.Sakunthala and Another v. C.R.Shamala and 4 others

Madras HC12 Feb 2025OP/247/2024

Case brief

AI extract

What is this about?

Probate; Indian Succession Act 1925 Ss.222, 276; Order XXV Rule 4 Original Side Rules; Will dated 01.12.2000 of Late P.V.Kandaswamy (died 12.09.2013); widow and son as petitioners; five respondent children gave consent affidavits; attesting witness C.V.Rajagopal (PW2) proved execution and attestation; execution of Will proved; probate granted; estate net value Rs.74,90,000/- (Ex.P5); Madras High Court, K. Kumaresh Babu J., decided 12.02.2025.

What did the court decide?

Grant of probate of the last Will and testament dated 01.12.2000 executed by Late P.V.Kandaswamy, in favour of the petitioners (the prayer sought probate with effect limited to the State of Tamil Nadu). ¶5

Mrs.P.K.Sakunthala and Another Vs C.R.Shamala and… — Succession and Inheritance | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the execution of the last Will and testament dated 01.12.2000 of Late P.V.Kandaswamy stands proved on the trial evidence, so as to entitle the petitioners to grant of probate.

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Court's answer

On the evidence of PW1 (second petitioner) and PW2 (first attesting witness C.V.Rajagopal), supported by the consent affidavits of the respondents, the execution of the Will dated 01.12.2000 stands proved.

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Ratio / Principle

The Original Petition is allowed and probate is granted of the last Will and testament dated 01.12.2000 executed by Late P.V.Kandaswamy.

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Detailed headnote1 paragraphs

PROBATE - Indian Succession Act, 1925, Sections 222 and 276 r/w Order XXV Rule 4 of Original Side Rules - Original Petition by the widow (first petitioner) and son (second petitioner) of the testator Late P.V.Kandaswamy (who died on 12.09.2013) for probate of his last Will and testament dated 01.12.2000, with prayer for effect limited to the State of Tamil Nadu - All five respondents, the children of the testator, filed consent affidavits expressing consent for grant of probate, and the first respondent (RW1) produced the respondents' affidavit (Ex.R1) acknowledging receipt of lump sum in accordance with the Will - Second petitioner examined as PW1 and exhibited the original Will (Ex.P1), computer-generated death certificate (Ex.P3) and legal heirship certificate (Ex.P4) showing petitioners and respondents as the only surviving legal heirs - First attesting witness C.V.Rajagopal examined as PW2 and proved execution of the Will by the testator and its attestation (affidavit Ex.P8) - Held: execution of the Will stood proved; Original Petition allowed and probate granted of the Will dated 01.12.2000. Net value of estate declared as Rs.74,90,000/- in affidavit of assets (Ex.P5).

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O.P.No.247 OF 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.02.2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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O.P.No.247 of 2024

1.Mrs.P.K.Sakunthala

2.Mr.P.K.Natarajan

... Petitioners

1.Mrs.C.R.Shamala 2.Mrs.K.Parimala 3.P.K.Latha 4.P.K.Kanchanamala 5.P.K.Chitra ..Respondents

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PRAYER: Original Petition filed for Probate under Section 222 and 276 of Indian Succession Act, 1925 r/w.Order XXV Rule 4 of Original Side Rules, prays to allow them to prove the Will in common form and to grant probate thereof to have effect limited to the State of Tamil Nadu to the petitioners.

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For Petitioner : M/s.M.Sridevi for M/s.Sri Shankar Associates

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For Respondents : Mr.S.Suresh

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O.P.No.247 OF 2024

O R D E R

This Original Petition has been filed for issuance of Probate for the

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Last Will and testament dated 01.12.2000 executed by Late.P.V.Kandaswamy, who died on 12.09.2013.

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2. The first petitioner is the wife of the testator and the second petitioner and respondents are the children of the testator. The respondents have filed their consent affidavits expressing their consent for grant of probate.

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3. The second petitioner has been examined as PW1. He has produced the death certificate of Late.P.V.Kandaswamy as ExP3. The original will dated 01.12.2000 as Ex.P1. The legal heir certificate of the testator as Ex.P4. On perusal of Ex.P4, it shows that the petitioners and respondents are the only surviving legal heirs of the testator. The first respondent has been examined as RW1. She has produced the affidavit of the respondents as Ex.R1 wherein all the respondents acknowledged the receipt of lump sum

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in accordance with the will dated 01.12.2000. The learned counsel for the https://www.mhc.tn.gov.in/judis 2/5

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O.P.No.247 OF 2024

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petitioner has submitted the consent affidavit of the respondents to grant probate in favour of the petitioners.

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4. Mr.C.V.Rajagopal, who is the first attesting witnesses to the said

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Will has been examined as PW2. The attesting witness spoken about the execution of the Will by the testator and its attestation by him and marked his affidavit as Ex.P8.

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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 01.12.2000.

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12.02.2025

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tsh Index :Yes/No Speaking: Yes/ No Neutral Citation: Yes/No

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Petitioner's witness:

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P.W.1 —Mr.P.K.Natarajan P.W.2 – Mr.C.V.Rajagopal

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Documents exhibited by the petitioner :

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O.P.No.247 OF 2024

Ex.P1

*Exhibits*	*Documents*
Ex.P1	Original Will dated 01.12.2000 executed by Mr.P.V.Kandaswamy
Ex.P2	Certified copy of the probate order dated 04.02.1960 passed by this court
Ex.P3	Computergenerated death certificate of Mr.P.V.Kandaswamy
Ex.P4	Computer generated legal heir ship certificate of Mr.P.V.Kandaswamy
Ex.P5	Affidavit of assets showing the net value of the estate as Rs.74,90,000/-
Ex.P6	Photocpyof Aadhar copyof PW1
Ex.P7	Certificate under Section 65B of the Indian Evidence Act, 1872
Ex.P8	Affidavit of attestingwitnesses of PW2
Ex.P9	Photocopyof Aadhar Card of PW2