Madras High Court
R. Venkatakrishnan vs Sridharan on 4 August, 2023
1 TOS No.36 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
T.O.S.No.36 of 2022
R. Venkatakrishnan ...Plaintiff
Vs.
Sridharan ...Defendant
Prayer:- This Suit filed under Sections 222 and 276 of the Indian
Succession Act XXXIX of 1925 for grant of Probate.
For Plaintiff : Mr.M Ganesh
For Defendant : No Appearance
*****
JUDGMENT
This Testamentary Original Suit has been filed, under Sections 232
and 276 of the Indian Succession Act and Order 25 Rule 5 of the Original
Side Rules, to grant of Probate.
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2. The case of the Plaintiff, in a nutshell, as set out, in the plaint is as
follows:-
The deceased Testator Mr.S.Narayanan is the Parental Uncle of the
plaintiff/petitioner. The deceased had no issues and his wife and parents
predeceased him. The Testator had executed a Will dated 26.02.2017 as his
last Will appointing the plaintiff/petitioner as a sole executor. The amount of
assets, which is likely come into the hands of the Plaintiff does not exceed in
the aggregate sum of Rs.63,70,055/- and the net amount of the said assets,
after deducing all the items, which the Plaintiff, is by law allowed to deduct,
is only of the value of Rs.63,60,055/-. The Plaintiff undertakes to duly
administer the property and the credits of the said deceased Testator
Mr.S.Narayanan, in any way concerning his Will, by paying first his debts
and then, the legacies therein bequeathed so far as the assets will extend and
to make a full and true inventory thereof and exhibit the same in the Court,
within six months from the date of grant of Probate, with the Will annexed
to the Plaintiff and also to render a true account of the said property and
credits within one year from the said date. No application has been made to
any District Court or delegate or to any other High Court for probate or any
Will of the said deceased or Letters of Administration with or without the
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Will annexed to his properties and credits. Hence, this Testamentary
Original Suit suit has been filed, seeking the reliefs, as stated above.
3.Since no written statement has been filed by the defendant, the case
is considered as un-defendant case. The plaintiff examined himself as PW1
and examined the other witnesses, PW2 and PW3 who are the attesting
witnesses to the Will and had produced Exs.P1 to P3, in order to substantiate
his case.
4. This Court heard the submissions of the learned counsel on the
plaintiff's side. There is no representation on the side of the defendant.
5. The learned counsel for the Plaintiff has submitted that the
deceased Testator Mr.S.Narayanan is the Parental Uncle of the
plaintiff/petitioner. The deceased had no issues and his wife and parents
predeceased him. The Testator had executed a Will dated 26.02.2017 as his
last Will and Testament in respect of his properties described in the schedule
attached herewith in the presence of the following two witnesses by
appointing the plaintiff/petitioner as the sole executor.
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1) Mrs. N. Nirmala W/o.V. Narayana Moorthy,
2) Mr.Ramalingam S/o. Thiruvalarchettiyar.
6.It has been further submitted that the property mentioned in Item
No.2 of Schedule I of the Will dated 26.02.2017 ie. all that piece and parcel
of land bearing Housing Plot No.408 & 409 in Sri Ram Nagar Layout,
measuring an extent of 4800 Sq.ft comprised in S.No.285/1 and 285/2,
situated at Nemili Village, Sriperumbudur Taluk, admeasuring 4800 Sq.ft of
land thereon and situate within the Registration District of Chengalpet and
Sub Registration District of Sriperumbudur was acquired by the Government
for Bangalore-Chennai Express Way Project and a compensation of
Rs.37,66,742/- was awarded to late Mr.Narayanan by the Competent
Authority and Special District Revenue Officer (LA), National Highways,
Kancheepuram by her proceedings made in Rc.No.16/2015/NH/BCE/Unit-
IV dated 27.01.2020. Therefore, the above mentioned property is excluded
and not mentioned in the schedule hereunder.
7. This Court considered the submissions of the learned counsel on
the side of the plaintiff and also perused the materials available on record.
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8. Having considered the facts and circumstances of the case, plaint
and the oral and documentary evidence, viz. Ex.P1-Will, Ex.P2-Land
Acquisition Proceedings in respect of Item No.2 of Schedule 1 of Will and
Ex.P3- Death Certificate, and PW.1 to P.W.3, it is seen that the testator had
no issues and his wife and parents predeceased him. The Testator is the
Parental Uncle of the plaintiff. When the evidence of the attesting witness
P.W.2 and P.W.3 is perused, it would speak to the effect that they were
present on the day of execution of the Ex.P1-Will on 26.02.2017 and they
saw the testator, putting his signature in the Will and the testator saw them
putting their signatures as witnesses and thereby he has also spoken about
the attestation of the document, in accordance with law. The evidence of
P.W.2 and P.W.3 would also go to show that the testator was in a sound and
disposing state of mind and was in a good health, at the time of execution of
Ex.P1 Will. The testamentary jurisdiction is invoked only for the purpose of
deciding the proof of the Will in order to grant of probate. In the event of
absent on the side of the defendant during the hearing and written statement
has not been filed on his side, this Court is of the view that the Plaintiff has
established that he is entitled to grant of Probate.
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A.A. NAKKIRAN., J.
Lbm
9. The Plaintiff is directed to render true and correct accounts once in
a year.
10.In the result, this TOS is decreed as prayed. Issue probate in favour
of the Plaintiff in respect of the Will executed by the deceased S.Narayanan.
No costs.
04.08.2023
Lbm
1. List of Witnesses examined on the side of the plaintiff:-
1.P.W.1 - Mr. R. Venkatakrishnan
2.P.W.2- Mrs. N. Nirmala
3.P.W.3-Mr. T. Ramalingam
2. List of Exhibits marked on the side of the plaintiff:-
1.Ex.P1 -Will
2. Ex.P2- Land Acquisition proceedings in respect of Item No.2 of
Schedule 1 of Will
3.Ex.P3- Death Certificate
T.O.S.No.36 of 2022
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