Thursday, September 28, 2023

application for grant of probate

 

District : South 24 Parganas

In the Court of the Learned District Judge, at Alipore, South 24 Parganas

Act 39 Probate Case no.           of 2023

 

                                                          In the matter of ;

An application for grant of probate of the “Will” of Jayaraman Visalakshi, Wife of Late Subramanian Jayaraman, since deceased under Section 276 of the Indian Succession Act, 1925;

 

-      AND –

 

Shri Ashok Kumar Singh, Son of Shri Ramakant Singh, aged about 49 years, residing at Premises being no. 100, Ramkrishna Nagar, Garia, Kolkata – 700084, District – South 24 Parganas, Mobile : 9883070666, Email : aksinghadvocate@rediffmail.com

                             _______Applicant

 

The humble petition on behalf of the applicant above named;

 

Most respectfully sheweth as under;

1.   That Jayaraman Visalakshi, Wife of Late Subramanian Jayaraman, died on 31-01-2023, at Deeshari Enclave, Flat No. 2B, 2nd Floor, 55/3, Kalikapur Road, Police Station – Garfa, Kolkata – 700099, District South 24 Parganas. The writing annexed, is her last “Will” and testament, which was duly executed by the said testator and it was also duly attested. The said Testator, at the time of her death, had her fixed abode at Deeshari Enclave, Flat No. 2B, 2nd Floor, 55/3, Kalikapur Road, Police Station – Garfa, Kolkata – 700099, District South 24 Parganas, which is within the jurisdiction of this Hon’ble Court.

 

2.   That Jayaraman Visalakshi, Wife of Late Subramanian Jayaraman, executed her Last “Will” on 15th day of December’ 2019, thereby revoking her earlier “Will” made on 30th September’ 2013, which was registered in Book –III, CD Volume number 1, Pages from 1723 to 1734, Being no. 00175 for the Year 2013, before the office of the D.S.R. – I, South 24 Parganas. The “Will” dated 15th day of December’ 2019, is her last will and testament of the testator.

 

3.   That the applicant is an executor appointed by the said “Will”.

 

4.   That the amount of assets which are likely to your petitioner’s hand is Rs. 1,05,23,406/- ( Rupees One Crore Five Lakhs Twenty Three Thousand Four Hundred Six ) only, as duly mentioned in the affidavit as to assets and the amount of items which your petitioner is entitled under law to deduct is Rs. 2,00,540/- ( Rupees Two Lakhs Five Hundred Forty ) only, as duly mentioned in the affidavit as to assets is filed herewith.

 

5.   That the said Testator/ deceased left her surviving the following; According to the Hindu Succession Act, 1956 :-

 

Sl. No.

Name, Father Name, & Address

Relationship with the deceased/ testator

01

Ramesh Jayaraman, Son of Late Subramanian Jayaraman, residing at D802 802A, Lunkad Sky Lounge, Lane No. 7, Kalayani Nagar, Pune – 411006, Mobile : 9820303220, Email: jramesh123.1967@gmail.com

 

Elder Son

02

Gowri Gopalan, Wife of Ramesh Jayaraman, residing at D802 802A, Lunkad Sky Lounge, Lane No. 7, Kalayani Nagar, Pune – 411006, Mobile : 9158383300, Email: gowri75gopalan@gmail.com

Elder Daughter-in-Law

03

Jayaraman Suresh, Son of Late Subramanian Jayaraman, residing at Flat 2C, 2nd Floor, “DEESHARI ENCLAVE”, 55/3, Kalikapur Road, (Prince Park), Kolkata – 700099, Mobile : 9331272912, Email: jsuresh1234@rediffmail.com

 

Younger Son

04

Sandhya Suresh, Wife of Jayaraman Suresh, residing at Flat 2C, 2nd Floor, “DEESHARI ENCLAVE”, 55/3, Kalikapur Road, (Prince Park), Kolkata – 700099, Mobile : 9830173091, Email: sandhyasuresh1234@rediffmail.com

Younger Daughter-in-Law

 

 

6.   That to the best of your Petitioner’s belief no application has been made to any other Court for Probate of the said “Will” or for the Letter of Administration, in respect of the estate left by the Testator/ Deceased.

 

7.   That there is no impediment in granting of probate of the “Will” executed by the Testator/ Deceased, to the Petitioner.

 

8.   That this instant application is made bona-fide and for the end of Justice.

In the above mentioned, circumstances, your Petitioner prays that your Honour may graciously be pleased to grant probate of the “Will” executed by Jayaraman Visalakshi, Wife of Late Subramanian Jayaraman, since deceased, in favour of your Petitioner, in the interest of administration of Justice, and/ or to pass such other necessary order or orders as your Honour may deem, fit, and proper, for the end of Justice.

 

And for this act of kindness, your Petitioner as in duty bound shall ever pray.

Verification

I, Ashok Kumar Singh, being the applicant above named, do hereby declare that what is stated in the foregoing paragraph of this instant petition herein is true to the best of my knowledge and belief and I sign this verification as on this   the day of February’ 2023, at Alipore Judges’ Court premises, Alipore, Kolkata – 700027, District South 24 Parganas.

 

Signature of the Applicant

Read-Over and Explained by me,

 

Advocate

 

I, Sanjib Kumar Singh, Son of Sri Dan Bahadur Singh, residing at Premises being no. 16C, Rupchand Mukherjee Lane, Kolkata – 700025, one of the witnesses to the last “Will” and Testament of the Testator, mentioned in the above application, do hereby declare that I was present and saw the said Testator affix her signature to the “Will” annexed for this application.

 

 

Signature of the witness to the “Will”

Read-Over and Explained by me,

 

Advocate

 

 

I, Priyanka Singh, Wife of Sri Sanjib Kumar Singh, Daughter of Late Lal Sahab Singh, residing at Premises being no. 16C, Rupchand Mukherjee Lane, Kolkata – 700025, one of the witnesses to the last “Will” and Testament of the Testator, mentioned in the above application, do hereby declare that I was present and saw the said Testator affix her signature to the “Will” annexed for this application.

 

 

 

Signature of the witness to the “Will”

Read-Over and Explained by me,

 

Advocate

 

Prepared in my Chamber;

 

Advocate

Date : ________February’ 2023;

Place : Alipore Judges’ Court

District : South 24 Parganas

In the Court of the Learned District Judge, at Alipore, South 24 Parganas

Act 39 Probate Case no.           of 2023

 

                                                          In the matter of ;

An application for grant of probate of the “Will” of Jayaraman Visalakshi, Wife of Late Subramanian Jayaraman, since deceased under Section 276 of the Indian Succession Act, 1925;

 

-      AND –

 

Shri Ashok Kumar Singh, Son of Shri Ramakant Singh, aged about 49 years, residing at Premises being no. 100, Ramkrishna Nagar, Garia, Kolkata – 700084, District – South 24 Parganas, Mobile : 9883070666, Email : aksinghadvocate@rediffmail.com

                             _______Applicant

 

 

AFFIDAVIT

 

Affidavit of Shri Ashok Kumar Singh, Son of Shri Ramakant Singh, aged about 49 years, by faith Hindu, by Occupation Advocate, residing at Premises being no. 100, Ramkrishna Nagar, Garia, Kolkata – 700084, District – South 24 Parganas, Mobile : 9883070666, Email : aksinghadvocate@rediffmail.com ;

 

 

I, the above named deponent do hereby solemnly affirm and declare as under;

 

1.   That I am applicant in the above referred case, thoroughly conversant with the facts and circumstances of the present case. I am competent to swear this affidavit.

 

2.   That the facts contained in my accompanying petition for probate, the contents of which have not been repeated herein for the sake of brevity may be read as an integral part of this affidavit and are true and correct to my knowledge.

 

 

DEPONENT

Verification

 

I, the above named deponent do hereby solemnly verify that the contents of my above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therein.

 

Verified this the              day of February, 2023

 

 

DEPONENT

Identified by me,

 

Advocate

Prepared in my Chamber,

 

Advocate

Date : _______February’ 2023;

Place : Alipore Judges’ Court

District : South 24 Parganas

In the Court of the Learned District Judge, at Alipore, South 24 Parganas

Act 39 Probate Case no.           of 2023

 

                                                          In the matter of ;

An application for grant of probate of the “Will” of Jayaraman Visalakshi, Wife of Late Subramanian Jayaraman, since deceased under Section 276 of the Indian Succession Act, 1925;

 

-      AND –

 

Shri Ashok Kumar Singh, Son of Shri Ramakant Singh, aged about 49 years, residing at Premises being no. 100, Ramkrishna Nagar, Garia, Kolkata – 700084, District – South 24 Parganas, Mobile : 9883070666, Email : aksinghadvocate@rediffmail.com

                             _______Applicant

 

AFFIDAVIT AS TO ASSETS

 

I, Ashok Kumar Singh, Son of Shri Ramakant Singh, aged about 49 years, by faith Hindu, by Occupation Advocate, residing at Premises being no. 100, Ramkrishna Nagar, Garia, Kolkata – 700084, District – South 24 Parganas, Mobile : 9883070666, Email : aksinghadvocate@rediffmail.com do hereby, declare and affirm as under;

 

1.   That I am the Executor appointed by the “Will” which was executed by the Testator/ Deceased JAYARAMAN VISALAKSHI, and that I have truly set-forth in Annexure “A” to this Affidavit, all the properties and Credits of which the above named deceased, died, possessed or was entitled to at the time of her death, and which have come or are likely to come to my hands, as per direction of the said “Will”.

 

2.   That I further state that I have truly set-forth in annexure “B” all the items, I am by law allowed to deduct.

 

3.   That I, further state that the said assets exclusively only of such last mentioned items but inclusive of all rents, interest, dividends, and increased values, since the death of the said deceased are under the value of Rs. 1,05,23,406/- ( Rupees One Crore Five Lakhs Twenty Three Thousand Four Hundred Six ) only.

 

ANNEXURE – “A”

(Valuation of the immovable Property)

 

 

Description of the immovable asset

Location of the immovable asset

Owned by:

Valuation (approximate)

1

Flat / Apartment

Chennai, Alwarpet Street

Company Law Board Housing Society & including (Self)

Rs. 1,00,000/-

2

Flat / Apartment

Flat 7/2B, 2nd Floor, “Deeshari Enclave”, 55/3 Kalikapur Road, (Prince Park), Kolkata – 700 099

Ramesh Jayaraman & Jayaraman Visalakshi (Self)

Rs. 15,00,000/-

3

Flat / Apartment

Flat 7/2C, 2nd Floor, “Deeshari Enclave”, 55/3 Kalikapur Road, (Prince Park), Kolkata – 700 099

Jayaraman Suresh, Sandhya Suresh & Jayaraman Visalakshi (Self)

Rs. 15,00,000/-

 

Total Valued at Rs. 31,00,000/- ( Rupees Thirty One Lakhs ) only.

 

(Valuation of the movable property)

 

Sl.

Type of Movable Property

Held with (name of bank)

Class of account

Amount

1

Deposits – Self & Ramesh Jayaraman

ICICI Bank

Fixed Deposits

All Fixed Deposits with ICICI Bank at time of death

2

Deposits – Self & Jayaraman Suresh

Indian Bank

Fixed Deposits

All Fixed Deposits with Indian Bank at time of death

3

Deposits – Self only

Dunlop India Ltd.

Fixed Deposits

Rs. 6,000

4

Gold items

Locker with Bank of Baroda

1 Chain (32 gms)

As per market value

5

Gold Items

Locker with Bank of Baroda

3 pairs bangles (72 gms)

As per market value

6

Gold & Diamond Items

Locker with Bank of Baroda

1 pair Earrings

As per market value

7

Savings Account – Self, Jayaraman Ramesh & Jayaraman Suresh

Indian Bank

SB A/c No. – 479 386 512

Balance available at the time of death

8

Savings Account – Self only

Indian Bank

SB A/c No. – 479 395 980

Balance available at the time of death

9

Gold Coin

Locker with Bank of Baroda

1 nos. coin of King Edwards

As per market value

10

Savings Account – Self & Ramesh Jayaraman

ICICI Bank

SB A/c No. – 109 801 502 834

Balance available at the time of death

 

BALANCE AVAILABLE AT THE TIME OF DEATH;

1

Deposits – Self & Ramesh Jayaraman

ICICI Bank

Fixed Deposits

All Fixed Deposits with ICICI Bank at time of death

Sl. Nos

Bank

Location

FD Nos.

Amount

 Total Amount

1

ICICI Bank

Deonar, Mumbai

109810003283

   1,50,000

Rs. 37,50,000/-

2

ICICI Bank

Deonar, Mumbai

109810006327

   1,50,000

3

ICICI Bank

Deonar, Mumbai

109810005361

   1,50,000

4

ICICI Bank

Deonar, Mumbai

109810003266

   1,50,000

5

ICICI Bank

Deonar, Mumbai

109810003873

   1,50,000

6

ICICI Bank

Deonar, Mumbai

109810004665

   1,50,000

7

ICICI Bank

Deonar, Mumbai

'109810002811

   2,00,000

8

ICICI Bank

Deonar, Mumbai

'109810004138

   1,00,000

9

ICICI Bank

Deonar, Mumbai

'109810004137

   2,00,000

10

ICICI Bank

Deonar, Mumbai

'109810005467

   2,00,000

11

ICICI Bank

Deonar, Mumbai

'109810004855

   2,00,000

12

ICICI Bank

Deonar, Mumbai

'109810002062

   5,00,000

13

ICICI Bank

Deonar, Mumbai

'109810002063

   2,50,000

14

ICICI Bank

Deonar, Mumbai

'109810002572

   6,00,000

15

ICICI Bank

Deonar, Mumbai

'109810004109

   2,00,000

16

ICICI Bank

Deonar, Mumbai

'109810004110

   2,00,000

17

ICICI Bank

Deonar, Mumbai

'109810005434

   1,00,000

18

ICICI Bank

Deonar, Mumbai

'109810003419

   1,00,000

 

2

Deposits – Self & Jayaraman Suresh

Indian Bank

Fixed Deposits

All Fixed Deposits with Indian Bank at time of death

 

Sl. Nos

Bank

Location

FD Nos.

Amount

Total Amount

 

 

Rs. 32,15,282/-

1

Indian Bank

Southern Avenue

6085691096

7,99,621/-

2

Indian Bank

Southern Avenue

994634264

7,96,674/-

3

Indian Bank

Southern Avenue

6318293630

13,19,307/-

4

Indian Bank

Southern Avenue

6367910340

99,832/-

5

Indian Bank

Southern Avenue

6399777104

99,960/-

6

Indian Bank

Southern Avenue

6367909979

99,888/-

 

3

Deposits – Self only

Dunlop India Ltd.

Fixed Deposits

Rs. 6,000

Sl. Nos

Company

Location

Fixed Deposit

Amount

1

Dunlop India Ltd.

Kolkata

Fixed Deposit

Rs. 6,000/-

 

4

Gold items

Locker with Bank of Baroda

1 Chain (32 gms)

As per market value

5

Gold Items

Locker with Bank of Baroda

3 pairs bangles (72 gms)

As per market value

6

Gold & Diamond Items

Locker with Bank of Baroda

1 pair Earrings

As per market value

 

7

Savings Account – Self, Jayaraman Ramesh & Jayaraman Suresh

Indian Bank

SB A/c No. – 479 386 512

Balance available at the time of death

Sl. Nos

Bank

Location

Savings Accounts

Amount

1

Indian Bank

Southern Avenue

479386512

Rs. 34,561/-

 

8

Savings Account – Self only

Indian Bank

SB A/c No. – 479 395 980

Balance available at the time of death

Sl. Nos

Bank

Location

Savings Accounts

Amount

1

Indian Bank

Southern Avenue

479395980

Rs. 850/-

 

9

Gold Coin

Locker with Bank of Baroda

1 nos. coin of King Edwards

As per market value

 

10

Savings Account – Self & Ramesh Jayaraman

ICICI Bank

SB A/c No. – 109 801 502 834

Balance available at the time of death

Sl. Nos

Bank

Location

Savings Account

Amount

1

ICICI Bank

Deonar, Mumbai

109801502834

  Rs.  4,16,713/-

TOTAL VALUE OF MOVABLE PROPERTIES : Rs. 74,23,406/- ( Rupees Seventy Four Lakhs and Twenty Three Thousand and Four Hundred Six ) only.

 

ANNEXURE – “B”

a)    Amount of the funeral expenses   -        Rs. 5,540/-

b)   Expenses for Sradya Ceremony    -        Rs. 1,95,000/-

Total Expenses                             -        Rs. 2,00,540/-

Rupees Two Lakhs and Five Hundred Forty only.

 

DEPONENT

Read Over, explained, and Identified by me,

 

Advocate

Prepared in my Chamber;

 

Advocate

Date : ______February’ 2023;

Place : Alipore Judges’ Court

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