P.Unnikrishnan v. Subhro Majumdar and 15 Others

ORDER This petition has been filed under Sections 222 and 276 of the Indian Succession Act read with Order XXV Rule 4 of Madras High Court Original Side Rules seeking to grant Probate of the Will dated 19.03.2018 executed by Late Mrs. Meera Jayakar to have effect limited to the State of Tamil Nadu.

¶2According to the petitioner, the said Meera Jayakar died on

17.09.2018 and her husband died long back, out of their wedlock, they did not have any children. The testatrix had purchased several mutual funds and holding fixed deposits in Sriram Transport, State Bank of India, State Bank of India (DL Bank) and Axis Bank and Savings Accounts in SBI, IBDI and Axis Bank described in Schedule during her lifetime. The parents of the testatrix predeceased her. The testatrix executed a Will dated 19.03.2018 bequeathing the schedule mentioned funds / deposits in favour of the petitioner. Thereafter, the testatrix died on 17.09.2018 leaving behind the petitioner and the respondents as the beneficiaries. The market value of the schedule mentioned funds / deposit would not exceed Rs.1,10,04,841/-

¶3The testatrix had appointed the petitioner as the executor of the Will and the petitioner and the respondents are the beneficiaries of the said Page No.3 of 6 Will. Except the petitioner and the respondents, there are no other next of kin to the testatrix to be impleaded. The respondents have given their consents by filing affidavits that they have no objection to grant probate in favour of the petitioner.

¶4The amount of assets which is likely to come to the petitioner's hand does not exceed in the aggregate sum of Rs.1,10,04,841/-. The petitioner had undertaken to duly administer the specified property and credits of the deceased in any way concerned his Will by paying the debts first and then the legacies therein bequeathed so far as the assets will extend and to make full and true inventory thereof and exhibits the same in this Court within the six months from the date of the grant of probate to the petitioner and also to render to this Court a true account of the said property within one year from the said date.

¶5In order to prove the claim of the petitioner, PW1 and PW2 were examined on the side of the petitioner and Ex.P.1 to Ex.P.4 were marked. One P.Vijayakumar, second attesting witness to the Will was examined as PW2. Page No.4 of 6

¶6PW1, the petitioner herein, in his evidence had narrated the averments made in the petition stating that he has filed this petition for grant of Probate of the Last Will and Testament executed by the deceased Late Meera Jayakar on 19.03.2018. The said Will and testamant has been marked as 'Ex.P.1'. PW2, in his evidence, had stated that the testatrix had executed a Will dated 19.03.2018 and he was also present along with the testatrix at the time of execution of Will. Further, P.W.2 has also stated about the left thumb impression of the testatrix and identified the signature of the 1st attesting witness in the Will and he has categorically deposed about the execution of the Will by the deceased and about the attestation by the attestors. Therefore, the execution of the Will and attestation are duly proved in accordance with law.

¶7From the averments made in the petition and the depositions of PW1 and PW2 supported by the documents, it is clear that the petitioner has proved his claim and there is no contra evidence. Hence, this Court is satisfied that the petitioner is entitled to the relief as prayed for in the petition.

¶8In the result, the Original Petition is allowed and the Will executed by Late Mrs.Meera Jayakar dated 19.03.2018 is hereby probated. Index :

Speaking Order : ssd Page No.5 of 6 To The Assistant Registrar (O.S.) High Court, Madras APPENDIX: List of Petitioner side Witnesses: PW1 : Mr. P.Unnikrishnan PW2 : Mr.P.Vijayakumar List of Petitioner side Documents: Exhibit No. Date Description of Documents. Ex.P.1

19.03.2018 Original unregistered Will executed by Mrs.Meera Jayakar. Ex.P.2 - Computer generated death certifiate of Mrs.Meera Jayakar Ex.P.3 - Certificate under Section 63(4)(C) of BSA Ex.P.4 - Photocopy of aadhaar card of Vijayakumar Page No.6 of 6

P.DHANABAL, J. ssd

Page No.1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.02.2026 CORAM : THE HONOURABLE MR.JUSTICE P.DHANABAL P.Unnikrishnan … Petitioner Vs. 1. Subhro Majumdar 2. Debasis Majumdar 3. Sheela Theytaz 4. Sita Mazumder 5. Diya Basu Mazumder 6. Thrusga Haldar 7. Trina Haldar 8. Prakash Madhavan 9. Ranjini Balakrishnan 10. Sanjay Madhavan 11. Anupama Ravi 12. K.P.Ravikrishnan 13. Prasanna Madhavan 14. Reba Majumdar 15. Capt. S.B.Mazumder 16. Gita Haldar ... Respondents PRAYER: Original Petition is filed under Sections 222 and 276 of the Indian Succession Act 1925 and under Order XXV Rule 4 of Madras High Court Original Side Rules for issuing Probate. For petitioner : Ms. B.Srujana For respondents : Mr. Anoj Elangovan for R3, R8 Page No.2 of 6