Mrs. Sangeetha vs Mrs. Shobana Gopaldas
2021 Latest Caselaw 6314 Mad

Citation : 2021 Latest Caselaw 6314 Mad
Judgement Date : 10 March, 2021

Madras High Court

Mrs. Sangeetha vs Mrs. Shobana Gopaldas on 10 March, 2021

T.O.S.No.23 of 2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2021
CORAM:
THE HON`BLE MR.JUSTICE R. PONGIAPPAN

Testamentary Original Suit No.23 of 2014 in
(O.P.No.141 of 2014)

Mrs. Sangeetha ... Plaintiff
Vs.
Mrs. Shobana Gopaldas .. Defendant

Original Petition No.141 of 2014 was filed under Sections 222 and 276 of
Indian Succession Act, XXXIX of 1925 for the grant of Probate. Against
this petition a Caveat was filed on 20.06.2016 by the Caveators. As per
order of this Court dated 10.07.2014, the Original Petition No.141 of 2014
was converted into Testamentary Original Suit No.23 of 2014.

For Plaintiff : Mr.S. Thiruvengadam
For Defendant : Mr.Santhosh Nagarajan.

JUDGMENT

This suit has been originally filed for grant of Probate in respect of

the Will left by one Mr.Gansham Das, in favour of his four daughters and

wife namely 1. Mrs. Sangeetha (Plaintiff herein) 2. Mrs. Samina @ Bharathi

Shah, 3. Mrs. Beena Pranjivandas Devi, 4.Miss. Mala and 5.Mrs.Padma Bai

(wife) (2 to 5 are Respondents 1 to 4 in O.P.No.141 of 2014). The deceased https://www.mhc.tn.gov.in/judis/

Page No.1/6 T.O.S.No.23 of 2014

has not allotted any share to the daughter Mrs.Shobana Gopaldas

(Defendant herein)who is the 5th respondent in the Original Petition. The

Testator appointed the Plaintiff as the executor of the Will. Accordingly,

the Plaintiff filed the Original Petition showing the other sisters as

Respondents 1 to3 and 5 and mother as Respondent No.4 respectively. As

the Testator has not allotted any share to the 5th Respondent/Defendant

herein, she filed caveat on 20.6.2014 in the Original Petition and as per the

order of this Court dated 10.07.2014 in O.P.No.141 of 2014, the same was

converted into Testamentary Original Suit No.23 of 2014.

2. Brief facts leading to the filing of the suit is as follows :

2(a) It is stated by the plaintiff that the Testator Mr.Gansham Das is

her father. Including her there are 5 daughters to the Testator. Except the

Defendant, other four daughters and his wife Mr.Padmabai are the

beneficiaries of the Last Will and Testament of the deceased Mr. Gransham

Das. The above Will was executed at the residence of the Testator on

24.08.2009 in the presence of the witnesses. The properties morefully

described in Schedule 'A' and Schedule 'B' are situated at Chennai within

the jurisdiction of this Court.

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

Page No.2/6 T.O.S.No.23 of 2014

2(b) The Testator died on 15.06.2011 at Chennai where he normally

resided. The parents of the Testator predeceased him. The value of the

assets which are likely to come into the beneficiaries hand do not exceed in

the aggregate the sum of Rs.39,83,500/- and the net amount of the said

assets after deducting all the times which the beneficiaries are by law

allowed to deduct is of the value of Rs.39,63,500/-. Hence, the plaintiff filed

petition in O.P.No.141 of 2014 for grant of Probate. Against this petition a

Caveat was filed by the Caveator and as per order of this Court, the Original

Petition was converted into a Testamentary Suit.

3. When the matter was pending for framing of issues and filing

written statement, learned counsel appearing for the Defendant submitted

that there is a possibility of settlement between the parties and requested the

Court to refer the matter for Mediation.

4. In the mediation the parties have arrived at a settlement of the

dispute and hence they appeared before the Court and filed Memorandum

of Understanding dated 02.03.2020. As per the terms of compromise, the

defendant has undertaken to provide consent in respect of the pending

testamentary proceedings. Hence the matter was referred to the learned https://www.mhc.tn.gov.in/judis/

Page No.3/6 T.O.S.No.23 of 2014

Master for recording evidence.

5. In this suit the Plaintiff was examined as P.W.1 and Ex.P.1 to

Ex.P.8 were marked through her. The first attesting witness in the Will, Mrs.

M.N.V.L.Prasoona was examined as P.W.2 and Ex.P.9 was marked through

her.

Exhibits produced on the side of the plaintiff:

S.No Exhibits Date Description of documents 1 P-1 15.06.2011 Computer generated death certificate of Mr. M.Ghansham Das 2 P-2 24.08.2009 Original last will and testament executed by Mr.Ghansham Das 3 P-3 10.10.2012 Original Legal Heirship Certificate in respect of Mr.M.Ghansham Das 4 P-4 19.03.2012 Online guideline value of Schedule 'A' Property 5 P-5 27.03.2021 Online guideline value of Schedule 'B' Property 6 P-6 17.02.1968 Online Conveyance Deed registered as Doc.No.516 of 1968 at SRO, Sembium 7 P-7 -- Affidavit of Assets showing the value of estate as Rs.39,63,500/-

8 P-8 03.03.2020 Original Memorandum of Understanding entered between the Plaintiff and Defendant in Mediation Centre with the consent given by the Defendant therein.

9 P-9 -- Affidavit of P.W.2 the attesting witness

Witnesses examined on the side of the plaintiffs:

P.W.1. - Mrs. Snageetha P.W.2. - Mrs. M.N.V.L.Prasoona

6. The Plaintiff examined himself as P.W.1 and she had narrated the

averments made in the petition stating that the Plaintiff has filed this https://www.mhc.tn.gov.in/judis/

Page No.4/6 T.O.S.No.23 of 2014

petition for the grant of probate in respect of the Last Will and Testament

executed by the testator on 24.08.2009. P.W.2, the attesting witness has

also deposed about the execution of the will and he made his signature in

the Will as the 1st attesting witness.

7. In the Will the Testator has not allotted any share to the Defendant

hence she challenged the suit. During the pendency of the suit the parties