O.P.No.525 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.03.2025 CORAM THE HONOURABLE MR.JUSTICE K.KUMARESH BABU O.P.No.525 of 2023 Mr.S.Krishnamurthy …Petitioner vs. 1.Mr.S.Srinivasan 2.Mr.S.Anandan 3.Mrs.N.Santhi 4.Mrs.N.Divya Lakshmi 5.Mrs.N.Janani 6.Mrs.S.Sagunthala 7.Mrs.B.Saraswathi 8.Mrs.I.Uma 9.Mr.M.Ramamurthi 10.Mr.M.Natarajan ...Respondents PRAYER: Original Petition filed under Section 222 & 276 of the Indian Succession Act, XXXIX of 1925; and Order XXV, Rule 4 of O.S. Rules, prays that he may be allowed to prove the Will dated 13.09.1987 in common form, and that Probate thereof limited to the State of Tamil Nadu may be granted to him. For Petitioner : Mr.G.Venkataramani For Respondent : Mr.P.Vasanth (For R3 to R5) No appearance for RR1, R2, R6 to R8, R9 & R10 1/6 https://www.mhc.tn.gov.in/judis O.P.No.525 of 2023 ORDER This Original Petition has been filed for issuance of Probate for the Last Will and testament dated 13.05.1987 executed by Late.Mrs.G.Danalakshmi, who died on 14.09.2020. The petitioner has been appointed as the only executor under the Will. 2. The petitioner would submit that the property said in the Will was originally purchased by the husband of the testatrix Late.Mr.M.Gangadharan and along with his brothers. Under a registered deed of partition dated 30.04.1971, the schedule property came to be vested with the husband of the testatrix and his brother Late.Mr.N.Sriramulu. Wherein in view of the said partition the husband of the textatrix and the said Mr.M.Sriramulu, each hold a 50% share in the property. The husband of the testatrix died on 17.03.1987 leaving behind the testatrix as his immediate legal heir, thereby the testatrix inherited his share in the said property. The testatrix by the will dated 13.05.1987 had bequeathed her share in infavour of the sons of the Late.Mr.M.Sriramulu. The testatrix died on 14.09.2020. One of the beneficiary named in the Will Mr.S.Narayanan also died on 21.09.2010, the first petitioner along with the respondents 1 and 2 are the surviving sons of 2/6 https://www.mhc.tn.gov.in/judis O.P.No.525 of 2023 the Late.Mr.M.Sriramulu, the respondents 3 to 6 are the legal heirs of the deceased Late.Mr.S.Narayanan, the respondents 7 and 8 are the daughters of the Late.Mr.M.Sriramulu and the respondents 9 and 10 are the brothers of the husband of the testatrix. The notice have been served upon the respondents 1 to 7 and the rest of the service upon the respondents have been completed through the substituted service by paper publication. The respondents 1 to 8 have filed the consent affidavits expressing their consent to grant the probate. The counsels of the respondents 3 to 5 reiterated the consent given by the said respondents. Inspite of service of notice other respondents kept themselves away from the proceedings. 3. The petitioner has been examined as PW1. He has produced the original will and testament dated 13.05.1987 executed by the testatrix as Ex.P1. The death certificates of the testatrix and her predeceased husband have been marked as Ex.P5 and Ex.P2. The Legal heir certificates of Late.Mr.M.Gangadharan and Late.Mr.S.Narayanan has been marked as Ex.P3 and Ex.P7. 4. Mr.A.K.Karunakaran, who was the second attesting witness to the 3/6 https://www.mhc.tn.gov.in/judis O.P.No.525 of 2023 said Will has been examined as PW2. The attesting witness had spoken about the execution of the Will by the testatrix and its attestation by him and the first attesting witness and marked his affidavit as Ex.P10. 5. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief. 6. In view of the said evidence, the execution of Will stands proved. Hence, the Original Petition is allowed granting probate of the last Will and testament dated 13.05.1987. 28.03.2025 kak Index :Yes/No Petitioner's witness: P.W.1 – Mr.S.Krishnamurthy P.W.2 – Mr.A.K.Karunakaran Documents exhibited by the petitioners: 4/6 https://www.mhc.tn.gov.in/judis O.P.No.525 of 2023 Exhibits Documents Ex.P1 Photocopy of the registered partition deed dated 30.04.1971 entered into between Mr.N.Gangadharan and N.Sriramulu as 1st party and Mr.M.Ramamurthi as 2nd party and Mr.M.Natrajan as 3rd party (Compared with the original) Ex.P2 Photocopy of the death certificate of Mr.N.Gangadharan (Compared with the original) Ex.P3 Photocopy of the legal heirship certificate of Mr.N.Gangadharan (Compared with the original) Ex.P4 Original Will and Testament dated 13.05.1987 executed by Mrs.G.Dhanalakshmi. Ex.P5 Computer generated death certificate of Mrs.Gangadharam Dhana Lakshmi. Ex.P6 Computer generated death certificate of Mr.S.Narayanan. Ex.P7 Computer generated legal heirship certificate of Mr.S.Narayanan. Ex.P8 Affidavit under Section 65 B of the Indian Evidence Act, 1872. Ex.P9 Affidavit of assets showing the net value of the estate as Rs.1,37,59,000/- Ex.P10 Affidavit. Ex.P11 Photocopy of Aadhaar Card (Compared with the original) 28.03.2025 kak K.KUMARESH BABU, J. kak 5/6 https://www.mhc.tn.gov.in/judis O.P.No.525 of 2023 O.P.No.525 of 2023 28.03.2025 6/6 https://www.mhc.tn.gov.in/judis