Madras High Court
Radhakrishnan Srikanth vs Nandhini Sridharr on 21 December, 2024
Author: G.Jayachandran
Bench: G.Jayachandran
O.P.No.29 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.12.2024
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
ORIGINAL PETITION No.29 of 2024
Radhakrishnan Srikanth ... Petitioner
Vs.
1.Nandhini Sridharr
2.Rajan Sadasivan
3.T.Gopalakrishnan
4.S.Jeejibai ... Respondents
Prayer: Original Petition has been filed under Sections 222 and 276 of the Indian
Succession Act, r/w Order XXV Rule 4 of the High Court Madras Original Side
Rules,1956 to prove the Will in common form and that Probate thereof is to have
effect throughout the Union of India.
For Petitioner : Mr.Abdul Mubeez
for M/.Vidya Devarajan
For Respondents : No appearance
ORDER
This Original Petition is filed by Radhakrishnan Srikanth/petitioner herein for grant of Probate under Sections 222 and 276 of the Indian Succession Act, r/w Page No. 1/8 https://www.mhc.tn.gov.in/judis O.P.No.29 of 2024 Order XXV Rule 4 of High Court Original Side Rules, in respect of the registered Will and Testament of Late T.Mangalam.
2. The petitioner Radhakrishnan Srikanth, is the executor named in the Will of the late T.Mangalam. The 1st respondent is the niece, the 2nd respondent is the nephew, the 3rd respondent is the brother and the 4th respondent is the sister of the late T.Mangalam.
3. During her life time, the late T.Mangalam acquired assets, which are detailed in Schedule A and B annexed to the affidavit of assets filed with the petition. The subject Will was executed by T.Mangalam at Hyderabad on 26.09.2015. As per the Will, the properties and securities held by her are to be shared equally between two nephews, namely, Mr.Radhakrishnan Srikanth, the petitioner herein and Mr.Rajan Sadasivan, the 2nd respondent herein.
4. The consent affidavits of respondents 1, 3 and 4, who are the siblings of the deceased T.Mangalam, have also been filed along with the petition for probate. On the death of T.Mangalam on 24.12.2022 at Hyderabad, the Will came into to effect. To substantiate his claim, the executor has mounted the witness box Page No. 2/8 https://www.mhc.tn.gov.in/judis O.P.No.29 of 2024 and examined as PW.1. He has filed a proof affidavit and marked the following 18 documents as Ex.P1 to Ex.P18.
Sl.No. Exhibits Documents
1 P.1 Original registered Will dated 26.09.2015 executed by
Mrs.T.Mangalam
2 P.2 Undated original memorandum of understanding of family
arrangement between the family members who are the legal heirs of Dr.Thyagarajan and his wife Meenamani Thyagarajan executed in the month of June 2012 3 P.3 Computer Generated property tax receipt dated 06.11.2022 standing in the name of Mrs.T.Mangalam 4 P.4 Photocopy of my Aadhaar Card 5 P.5 Photocopy of the Aadhaar Card of the first respondent 6 P.6 Photocopy of the Aadhaar Card of the second respondent 7 P.7 Photocopy of the Aadhaar Card of the third respondent P.8 Photocopy of the life certificate of Mrs.P.Mangalam issued during 8 her life time 9 P.9 Computer generated death certificate of Mr.T.Sadasivan. 10 P.10 Computer generated death certificate of Mr.Tyagaraja Ramasivan 11 P.11 Computer generated Aadhaar Card of Mr.Radhakrishnan Srikanth. 12 P.12 Computer generated Aadhaar Card of the first respondent 13 P.13 Photocopy of the Pan Card of the second responden 14 P.14 Computer generated Aadhaar Card of the third respondent. 15 P.15 Computer generated Aadhaar Card of the fourth respondent P.16 Computer generated guideline value of the immovable property 16 standing in the name of Mrs.T.Mangalam P.17 Affidavit of assets showing the net value of the estate as 17 Rs.1,82,16,328/-.
18 P.18 Affidavit under Section 63 of BSA.
Page No. 3/8https://www.mhc.tn.gov.in/judis O.P.No.29 of 2024 Umamaheshwari Srikanth and Mrs.S.Prabha, who were examined as PW.2 and PW.3, are the attesting witnesses to the Will. They deposed regarding the execution of the Will, Ex.P.1 by T.Mangalam in their presence. They have spoken about the sound state of mind and good health of T.Mangalam at the time of executing the Will and the same was marked as Ex.P.1. The witnesses identified the signature of T.Mangalam, as well as their own signatures as attesting witnesses. Their affidavits and Aadhaar cards were marked as Exs.P.19 to P.22 respectively. The Will has been duly proved in accordance with the procedure prescribed under Section 67 of the Bhartiya Sakshya Adhiniyam,2023.
5. The following four documents were marked through Mrs.Umamaheshwari Srikanth and Mrs.S.Prabha, as PW.2 and PW.3:
Sl.No. Exhibits Documents
1 P.19 Affidavit of attesting witness of Mrs.Umamaheshwari Srikanth
2 P.20 Photocopy of Mrs.Umamaheshwari Srikanth's Aadhaar Card
3 P.21 Affidavit of attesting witness of Mrs.S.Prabha
4 P.22 Photocopy of Mrs.S.Prabha's Aadhaar Card
6. A public notice was issued, inviting objections or caveats from the general public. However, no objections or caveats were received in response.
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7. In view of the above facts, the execution of the Will been duly proved as per Section 67 of the BSA, 2023. The legatees have given their consent for granting probate in favour of the petitioner, Mr.Radhakrishnan Srikanth, who is also a beneficiary under the Will along with 2nd respondent, Probate is hereby granted in favour of the petitioner, Mr. Radhakrishnan Srikanth, authorizing him to administer the estate and render account of the properties mentioned in the probate petition.
8. The petitioner shall render to this Court a true account of the properties and credits within one year from the date of grant of Probate.
9. Accordingly, the petition for the grant of probate to the petitioner/Radhakrishnan Srikanth, the named executor under the Will of T.Mangalam is allowed.
21.12.2024 Index: Yes/No Internet: Yes/No Speaking Order/Non Speaking Order rpl Page No. 5/8 https://www.mhc.tn.gov.in/judis O.P.No.29 of 2024 Petitioners' Side Witness:
P.W.2 : Mrs.Umamaheshwari Srikanth Mrs.S.Prabha P.W.3 : Mrs.S.Prabha Documents Marked:
Sl.No. Exhibits Documents
1 P.1 Original registered Will dated 26.09.2015 executed by
Mrs.T.Mangalam
2 P.2 Undated original memorandum of understanding of family
arrangement between the family members who are the legal heirs of Dr.Thyagarajan and his wife Meenamani Thyagarajan executed in the month of June 2012 3 P.3 Computer Generated property tax receipt dated 06.11.2022 standing in the name of Mrs.T.Mangalam 4 P.4 Photocopy of my Aadhaar Card 5 P.5 Photocopy of the Aadhaar Card of the first respondent 6 P.6 Photocopy of the Aadhaar Card of the second respondent 7 P.7 Photocopy of the Aadhaar Card of the third respondent P.8 Photocopy of the life certificate of Mrs.P.Mangalam issued during 8 her life time 9 P.9 Computer generated death certificate of Mr.T.Sadasivan. 10 P.10 Computer generated death certificate of Mr.Tyagaraja Ramasivan 11 P.11 Computer generated Aadhaar Card of Mr.Radhakrishnan Srikanth. 12 P.12 Computer generated Aadhaar Card of the first respondent 13 P.13 Photocopy of the Pan Card of the second responden 14 P.14 Computer generated Aadhaar Card of the third respondent. 15 P.15 Computer generated Aadhaar Card of the fourth respondent P.16 Computer generated guideline value of the immovable property 16 standing in the name of Mrs.T.Mangalam P.17 Affidavit of assets showing the net value of the estate as 17 Rs.1,82,16,328/-.
18 P.18 Affidavit under Section 63 of BSA.Page No. 6/8
https://www.mhc.tn.gov.in/judis O.P.No.29 of 2024 Sl.No. Exhibits Documents 19 P.19 Affidavit of attesting witness of Mrs.Umamaheshwari Srikanth 20 P.20 Photocopy of Mrs.Umamaheshwari Srikanth's Aadhaar Card 21 P.21 Affidavit of attesting witness of Mrs.S.Prabha 22 P.22 Photocopy of Mrs.S.Prabha's Aadhaar Card 21.12.2024 Page No. 7/8 https://www.mhc.tn.gov.in/judis O.P.No.29 of 2024 Dr.G.JAYACHANDRAN, J.
rpl OP.No.29 of 2024 21.12.2024 Page No. 8/8 https://www.mhc.tn.gov.in/judis