S.NAGARAJAN Vs. R.KALYANI

JUDGEMENT

(1.) This Original Petition for grant of Probate is filed under Ss. 222 and 276 of the Indian Succession Act, 1925 read with Order XXV, Rule 4 of the O.S.Rules, in respect of the registered Will of Late Tmt.Ganga Bai, W/o Late A.Subbaraya Tawker.

(2.) The case of the petitioner herein is that, the Testatrix Tmt.GangaBai died on 17/09/2005, leaving behind her husband Mr.A.Subbaraya Tawker, two sons by name, Nagarajan and Chandrasekar, the legal heirs of her pre- deceased son Ramakrishnan and a daughter by name Anuradha. Later, her husband Mr.A.Subbaraya Tawker died on 27/3/2016 and her daughter Anuradha died on 13/6/2022 leaving behind her husband and two daughters. After the demise of his father, the last Will of his mother Ganga Bai was located and found that she had executed a Will dtd. 05/12/1991 appointing the petitioner as Executor and got it registered at SRO, Mylapore as Document No: 153 of 1991 in Book III, dtd. 06/12/1991.

(3.) As per the wish of the testatrix, the petitioner and his brother are the joint beneficiary of the Will. They both had jointly paid Rs.2,00,000.00 to the legal heirs of Anuradha as mandated in the Will and had discharged the charge created under the Will. The execution of the Will been witnessed by two persons one by name M.Lakshmanan and another by name T.K.Balachandran. They both are no more. With an undertaking that he will duly administer the property and credits of the deceased Ganga Bai and make a full and true inventory thereof and exhibit the same in this Court within 6 months from the date of grand of Probate, the present petition is filed.