OP/654/2025 of Giriraj Agarwal and Another Vs Pradeep Kumar Jalan and 9 Others on 14 October 2026

ORDER

Heard the learned counsel for the petitioner.

2. The petitioners seek Probate of the last Will and testament of late Mr.Basudeo Jalan. The petitioners are the joint executors appointed under the last Will and testament of the deceased Mr.Basudeo Jalan, dated 26.09.2020. The deceased testator died on 26.06.2022 at Chennai. The 1st petitioner has examined himself as P.W.1 and marked Ex.P1 to Ex.P12. Ex.P1 is the last Will and testament dated 26.09.2020 executed by the testator. The death certificate of the deceased testator has also been marked as Ex.P2. Ex.P3 is the legal heirship certificate of the deceased testator. The respondents 1 to 10 are beneficiaries under the last Will and testament of the deceased testator.

3. All the respondents are served and in fact, excepting the 7th respondent, the other respondents have already sworn to consent affidavits, expressing no objection for the grant of probate, as prayed for by the petitioners. The names of all the respondents are also printed in today’s cause list, including the 7th respondent, who has not chosen to file an independent consent affidavit.

4. Both the attesting witnesses, by name Mr.Rajaram More and Mr.Ashok Kedia have been examined as P.W.2 and P.W.3, I have gone through

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their evidence in chief examination. Their evidence complies with the requirements, which are mandated under Section 63(c) of the Indian Succession Act r/w Section 67 of BSA, 2023 (Section 68 of the Indian Evidence Act). The Will dated 26.09.2020 executed by the deceased testator, Mr.Basudeo Jalan therefore stands duly proved, having been executed and attested in the manner known to law. In view of the above, I am satisfied that the petitioner is entitled to grant of probate.

5. In fine,

(i) The Original Petition is allowed, as prayed for and the Registry is directed to issue Probate with the Will dated 26.09.2020 of late Mr.Basudeo Jalan annexed, to the petitioners.

(ii) Considering the nature of relationship between the parties, there shall be no order as to costs.

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA Witnesses examined on the side of the petitioners: P.W.1 – Mr.Giriraj Agarwal P.W.2 – Mr.Rajaram More P.W.3 – Mr.Ashok Kedia

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Documents exhibited by the petitioners: Exhibits Description Ex.P1 Original Will dated 26.09.2020 executed by Basudio Jalan. Ex.P2 Computer generated death certificate of Basudeo Jalan. Ex.P3 Computer generated legal heirship certificate of Basudeo Jalan. Ex.P4 Certified copy of the sale deed dated 15.07.1998 executed by (1) G.Krishnan, (2) Janagiraman and (3) Tamil Selvi in favour of Basudeo Jalan. Ex.P5 Certified copy of the sale deed dated 09.12.1999 executed by M/s.Biblical Baptist Institution in favour of Basudio Jalan. Ex.P6 Certified copy fo the sale deed dated 22.01.2001 executed by T.Saraswathi registered vide Doc.No.621 of 2001 in favour of Basudeo Jalan. Ex.P7 Certified copy of the sale deed dated 22.01.2001 executed by T.Saraswathi registered vide Doc.No.620 of 2001 in favour of Basudeo Jalan. Ex.P8 Photocopy of the share certificate bearing No.1130077 of SRF Limited standing in the name of Basudeo Jalan. Ex.P9 Downloaded copy of the property tax receipt dated 16.09.2024. Ex.P10 Downloaded copy of the market value of the share price of SRF Limited. Ex.P11 Affidavit of assets showing the net value of an estate for a sum of Rs.91,34,565.30/-. Ex.P12 Certificate filed under Section 63(4)© of BSA.

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P.B.BALAJI, J. ATA OP No. 654 of 2025