R.Venkatraman vs N.Vishalakshi
2023 Latest Caselaw 1764 Mad

                                                                                   T.O.S.No.24 of 2018


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 02.03.2023

                                         CORAM : JUSTICE N.SESHASAYEE

                                                    T.O.S.No.24 of 2018

                     R.Venkatraman                                            ... Plaintiff

                                                           Vs.
                     1.N.Vishalakshi
                     2.Lakshmi                                               ... Defendants

                     Prayer: This Petition is filed under Sections 222 and 276 of the Indian
                     Succession Act XXXIX of 1925, praying that the petitioner may be allowed
                     to prove the will in common form and that probate thereof to have effect
                     limited to the State of Tamil Nadu may be granted to him limited to the
                     property mentioned in the affidavit of assets.
                                    For Plaintiff       : M/s.R.Sivaraman
                                    For Defendants      : Mr.R.Subramanian
                                                       JUDGMENT

This testamentary original suit has been compromised between the parties.

The defendants also admit the genuineness of the Will. However, the

procedure contemplates that the Court must satisfy itself as to the

genuineness of the Will. Hence, this Court posted the matter before the

learned Master Main to record the evidence of the attesting witnesses.

Before the Master, the propounder of the Will / Executor appointed

https://www.mhc.tn.gov.in/judis T.O.S.No.24 of 2018

thereunder was examined as P.W.1 and one of the attesting witnesses was

examined as P.W.2. However, the attesting witness was not cross examined.

2.This Court perused the pleadings and also the testimony of P.W.2 and is

satisfied about its quality of proof offered by the plaintiff. This Court holds

that the Will dated 07.07.2014 executed by Late Rajeshwari Srinivasan is

genuine.

3.Now, its time to give effect to the compromise inasmuch as this Court is

satisfied with the genuineness of the Will. Accordingly, a composite decree

be passed for (i) it would be for grant of probate and (ii) for giving effect

to the compromise so arrived between the parties.

4.This Testamentary Original Suit is accordingly decreed. No Costs.

02.03.2023 (1/2) Anu Index : Yes/No Speaking /Non Speaking

https://www.mhc.tn.gov.in/judis T.O.S.No.24 of 2018

N.SESHASAYEE.J.,

https://www.mhc.tn.gov.in/judis T.O.S.No.24 of 2018

Anu

T.O.S.No.24 of 2018

02.03.2023

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