R.Vijaya v. R.Jayashankar
Case at a glance
Outcome
Allowed
Hence, the original petition is allowed granting probate of the last Will and testament dated 08
Provisions considered
Judgment
O.P.No.782 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 15.04.2025CORAMTHE HONOURABLE MR.JUSTICE K.KUMARESH BABUO.P.No.782 of 2024R.Vijaya…Petitionervs.R.Jayashankar...RespondentPRAYER: Original Petition filed under Section 222 and 276 of Indian Succession Act read with Order XXV Rule 4 for grant of Probate with the Will annexed, prays that the petitioner may be allowed to prove the will in common form and that probate thereof, to have effect throughout the whole of the Union of India may be granted to her. For Petitioner : Mr.V.Athi KesavanFor Respondent: Mr.R.Jayashankar (Party-in-person)ORDERThis Original Petition has been filed for issuance of Probate for the Last Will and Testament dated executed by Late. Mr.R.Ranganathan, who died on 08.11.2010. The petitioner has been appointed as executor under the Will.1/7 https://www.mhc.tn.gov.in/judis O.P.No.782 of 20242. The petitioner is the wife of the testator and the respondent is the son of the testator.
The petitioner is the sole beneficiary named under the said Will executed by the testator. The service of notice has been completed upon the respondent and he has appeared as party in person and has expressed his consent to grant of probate in favour of the petitioner.3. The petitioner has been examined as PW1. She has produced the original will dated 01.11.2020 as Ex.P1. The computer generated death certificate of the testator Late. Mr.R.Ranganathan has been marked as Ex.P28. The Legal heir certificate of testator has been marked as Ex.P29. From Ex.P29, it is clear that the petitioner and the respondent are the only surviving heirs of the testator.4. The respondent has examined himself as RW1. He has given the consent to the grant of probate in favour of the petitioner and has also filed a consent affidavit which has marked as Ex.R1.5. Mr.J.Raghavan and Mr.R.Chandrasekaran, who were the second and the first attesting witness to the said Will have been chief examined as PW2 2/7 https://www.mhc.tn.gov.in/judis O.P.No.782 of 2024and PW3.
Operative part
The attesting witnesses have spoken about the execution of the Will by the testator and its attestation by them and the first attesting witness has marked his affidavit as Ex.P31.6. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.7. 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 08.11.2010. 15.04.2025kakIndex :Yes/NoPetitioner's witness:P.W.1 – Mrs.R.VijayaP.W.2 – Mr.J.RaghavanP.W.3 – Mr.R.Chandrasekaran3/7 https://www.mhc.tn.gov.in/judis O.P.No.782 of 2024 Documents exhibited by the petitioners: ExhibitsDocumentsEx.P1Original Will executed by R.Ranganathan dated 01.11.2020.Ex.P2Photocopy of the sale deed dated 04.09.1981.Ex.P3Photocopy of the Will executed by Rajam Iyer dated 12.11.2003.Ex.P4Photocopy of the Indian Bank pass book for account No.443587447.Ex.P5Photocopy of the Indian Bank pass book for account No.428195992.Ex.P6Photocopy of the Indian Bank pass book for account No.460902232.Ex.P7Photocopy of the Indian Bank pass book for account No.602739390.Ex.P8Photocopy of the Indian Overseas Bank pass book for account No.087601000008698.Ex.P9Photocopy of the Central Bank of India pass book for account No.1040415761.Ex.P10Photocopy of the Oriental Bank of Commerce (currently Punjab National Bank) pass book for account No.10632151000454.Ex.P11Photocopy of the Post Office Savings Scheme receipt 4216619155.Ex.P12Photocopy of the Post Office Savings Scheme receipt 4218302130.Ex.P13Photocopy of the Post Office Senior Citizen Savings Scheme receipt 4222236346.Ex.P14Photocopy of the Post Office Senior Citizen Savings Scheme receipt 4239302317.Ex.P15Photocopy of the Post Office Senior Citizen Savings 4/7 https://www.mhc.tn.gov.in/judis O.P.No.782 of 2024 Scheme receipt 4225228508.Ex.P16Photocopy of the Indian Bank (Term Deposit) receipt 6917208199.Ex.P17Photocopy of the Indian Bank, Besant Nagar (Senior Citizen Scheme) receipt 6841260833.Ex.P18Photocopy of the Lakshmi Villas Bank, Adyar, Chennai receipt 0441122000043581/3.Ex.P19Photocopy of the Tamil Nadu Power Finance Corporation receipt CAA 707688.Ex.P20Photocopy of the Tamil Nadu Power Finance Corporation receipt CAA 707687.Ex.P21Photocopy of the Life Insurance Corporation of India, Pradanmanthri Vaya Vadana Yojana Policy No.707491900.Ex.P22Photocopy of the Life Insurance Corporation of India, Pradanmanthri Vaya Vadana Yojana Policy No.304683589.Ex.P23Photocopy of the Life Insurance Corporation of India, Pradanmanthri Vaya Vadana Yojana Policy No.316494679.Ex.P24Photocopy of the BNP Paribas Dividend Yield Fund – Dividend Folio No.900000554434.Ex.P25Photocopy of the Axis Long Term Equity fund – Dividend Folio No.90524209462.Ex.P26Photocopy of the Geojit Financials Services Ltd., Statement.
Ex.P27Form of valuation filed under Section 55 of the Tamil Nadu Court Fee and Suit Valuation Act, 1955 wherein the net value of the estate Rs.2,14,89,949.74/-Ex.P28Computer generated copy of the Death Certificate of R.Ranganathan issued on 19.11.2020.Ex.P29Computer generated copy of the Legal Hire Certificate of R.Ranganathan dated 05.01.2021.Affidavit under Section 65 B of Indian Evidence Act is filed for Exs.P28 and P29.Ex.P30Photocopy of the Aadhar card of the 2nd attesting witness is 5/7 https://www.mhc.tn.gov.in/judis O.P.No.782 of 2024marked as Ex.P30.Ex.P31Affidavit. Respondent's witness:R.W.1 – Mr.R.JayashankarDocuments exhibited by the Respondents: ExhibitsDocumentsEx.R1Consent Affidavit. Ex.R2Photocopy of Aadhar Card.15.04.2025kak6/7 https://www.mhc.tn.gov.in/judis O.P.No.782 of 2024K.KUMARESH BABU, J.kakO.P.No.782 of 202415.04.20257/7
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence, the original petition is allowed granting probate of the last Will and testament dated 08
Which statutory provisions did this judgment involve?
Indian Succession Act, 1925 — ss. 222, 276; Fee and Suit Valuation Act, 1955; Indian Evidence Act, 1872.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.