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2025 DAILYLAW 43610 (MAD)

Dammalapati Sowmya v. Ghatrazu Suparna and another

OP/426/2024 · 2025-02-04

K Kumaresh Babu

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

O.P.No.15 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.02.2025 CORAM THE HONOURABLE MR.JUSTICE K.KUMARESH BABU O.P.No.426 of 2024 Mrs.Dammalapati Sowmya ... Petitioner Vs 1.Mrs.Ghatrazu Suparna 2.Mr.Kaza Sriram ...Respondents PRAYER: Original Petition filed for Probate under Section 222 and 276 of Indian Succession Act, 1925 under Order XXV Rule 4 of Original Side Rules, prays to allow the petitioner to prove the WILL dated Seventh Day of September Two thousand and Sixteen in common form and the probate thereof to have effect limited to the State of Tamil Nadu may be granted to her. For Petitioner : M/s.S.P.Patel For Respondents : M/s.P.Anish Vijay ORDER 1/5 https://www.mhc.tn.gov.in/judis O.P.No.15 of 2023 This Original Petition has been filed for issuance of Probate for the Last Will and testament dated 07.09.2016 executed by Late. Kaza Balakrishna and Late. Kaza Vijayalakshmi, who died on 15.10.2019 and 08.03.2014 respectively. 2. The petitioner is the elder daughter of the testators and she has been appointed as an executor under the Will and another daughter and son of the testators are the respondents 1 and 2. The respondents 1 and 2 have also filed their consent affidavits expressing their consent for grant of probate. 3. The petitioner has been examined as PW1. She has produced the death certificates of Late.Kaza Balakrishna and Late.Kaza Vijayalakshmi as ExP5 and ExP4 respectively. The original registered will dated 07.09.2016 as Ex.P3. 4. Mr. Ghatrazu Sriniwas and Mr.Dammalapati Panduranga Vittal , who were the attesting witnesses to the said Will has been examined as PW2 and PW3 respectively. Both attesting witnesses spoken about the execution of the Will by the testators and its attestation by them. 2/5 https://www.mhc.tn.gov.in/judis O.P.No.15 of 2023 5. 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 07.09.2016. 04.02.2025 Gba Index :Yes/No Speaking: Yes/ No Neutral Citation: Yes/No Petitioner's witness: P.W.1 —Mrs.Dammalapati P.W.2 – Mr.Ghatrazu Sriniwas P.W.3 – Mr.Dammalapati Panduranga Vittal 3/5 https://www.mhc.tn.gov.in/judis O.P.No.15 of 2023 Documents exhibited by the petitioners: Exhibits Documents Ex.P1 Photocopy of the sale deed dated 10.12.2004 executed in favour of Mr.Kaza Balakrishna and Mrs.Kaza Vijayalakshmi (Compared with the original) Ex.P2 Photocopy of the sale deed dated 05.01.2005 executed in favour of Mr.Kaza Balakrishna (Compared with the original) Ex.P3 Original Will dated 07.09.2016 executed by Mr.Kaza Balakrishna and Mrs.Kaza Vijalakshmi Ex.P4 Photocopy of the death certificate of the death certificate of Mrs.Kaza Vijalakshmi (Compared with the original) Ex.P5 Computer generated death certificate of Mr.Kaza Balakrishna (Compared with the original) Ex.P6 Photocopy of power of Attorney dated 20.01.2024, executed in favour of Ghatrazu Sriniwas (Compared with the original) Ex.P7 Affidavit of assets showing the net value of the estate as Rs.1,09,60,000/- Ex.P8 Certificate filed under Section 65B of the Indian Evidence Act, 1872 Ex.P9 Photocopy of Power of Attorney dated 20.01.2024, executed in favour of Ghatrazu Sriniwas. (Compared with the original) Ex.P10 PW-2's affidavit as attesting witness in this regard Ex.P11 Photocopy of PW-2's Aadhar Card Ex.P12 PW-3's affidavit as attesting witness in this regard Ex.P13 Photocopy of PW-3's Aadhar Card 04.02.2025 Gba 4/5 https://www.mhc.tn.gov.in/judis O.P.No.15 of 2023 K.KUMARESH BABU,J. Gba O.P.No.426 of 2024 04.02.2025 5/5 https://www.mhc.tn.gov.in/judis