Madras High Court
S.Chandrasekaran … vs Suseela Jayaraman … on 29 October, 2021
TOS No.6 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
T.O.S. No.6 of 2016
S.Chandrasekaran … Plaintiff
Vs.
Suseela Jayaraman … Defendant
Prayer : Plaint filed under Sections 222 and 276 of the Indian Succession
Act XXXIX of 1925 for the grant of Probate.
For Plaintiff : Mr.M.S.Subramanian
For Defendant : Mr.J.Radhakrishnan
JUDGMENT
The plaintiff seeks probate for the Will dated 18.03.1999 executed by
his father Late Thiru.M.K.Subramanian.
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TOS No.6 of 2016
2. According to the plaintiff, the father executed the Will in sound
disposing state of mind and the same was attested by two attesting witnesses
Captain V.Ramasamy and N.Venugopal Reddy. The deceased had left
behind three sons and two daughters, his wife predeceased him. In the
original petition all the legal heirs of the deceased were impleaded as parties,
including the heirs of the son Jayaraman, who died after the testator, but
before the filing of the Original Petition for grant of probate.
3. Only one of the respondents namely the wife of Jayaraman, filed a
caveat opposing the grant, while the first respondent S.Kannan filed a consent
affidavit, the respondents 2, 3 and 5 did not chose to appear. Even the fourth
respondent who filed a caveat did not file a written statement opposing the
grant. She was set exparte and exparte evidence was taken.
4. Before the learned Master, the plaintiff was examined as P.W.1 and
the first respondent in the Original Petition S.Kannan was examined as
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TOS No.6 of 2016
P.W.2, Mrs.Rajalakshmi, wife of Captain V.Ramasamy, one of the attesting
witnesses, was examined as P.W.3 and one V.Ashok, son of the other
attesting witness Venu Gopal Reddy, was examined as P.W.4. P.W.3 and
P.W.4 have identified the signatures of the attesting witnesses in the Will.
P.W.2, S.Kannan has identified the signature of the testator in the Will.
5. In the absence of contra evidence, I find that the execution of the
Will by late M.K.Subramanian, stands proved and the statutory requirements
of Section 68 of the Evidence Act have been satisfied. Hence, the suit is
decreed as prayed for, granting probate for the Will dated 18.03.1999. No
costs.
29.10.2021
jv
Index: Yes/No
Internet: Yes/No
Speaking order/Non Speaking order
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TOS No.6 of 2016
List of the Witnesses examined on the side of the Plaintiff :
1. P.W.1 Mr. S.Chandrasekaran
2. P.W.2 Mr. S.Kannan
3. P.W.3 Mrs.Rajalakshmi
4. P.W.4 Mr. V.Ashok
List of Exhibits marked on the side of the Plaintiff :
Sl.No. Exhibits Description of documents
1 Ex.P1 The Original Will dated 18.03.1999 executed by
Mr.M.K.Subramanian
2 Ex.P2 The Computer generated death certificate of
Mr.M.K.Subramanian dated 04.06.1999
3 Ex.P3 The Computer generated death certificate of Sengammal
dated 08.07.1981
4 Ex.P4 The Computer generated death certificate of
S.Jayaraman dated 18.04.2007
5 Ex.P5 The photocopy of the death certificate of Captain
V.Ramasamy (attesting witness) dated 08.01.2015
Ex.P6 The Computer generated death certificate of
No.Venugopal Reddy (attesting witness) dated
6 03.01.2017
Ex.P7 The photocopy of the Bank Pass book in respect of
savings bank account No.SB/01/002181maintained by
7 M.K.Subramaian with Union Bank of India.
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TOS No.6 of 2016
Sl.No. Exhibits Description of documents
Ex.P8 The affidavit of assets showing the net value of the
8 assets as Rs.63,96,042/-
9 Ex.P9 The consent affidavit filed by Mr.S.Kannan
List of the Witnesses examined on the side of the Defendant: Nil
List of Exhibits marked on the side of the Defendant: Nil
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jv
To
The Sub Assistant Registrar,
Original Side,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
TOS No.6 of 2016
R.SUBRAMANIAN,J.
jv
T.O.S. No.6 of 2016
29.10.2021
https://www.mhc.tn.gov.in/judis
