EXAMINATION-IN-CHIEF ON AFFIDAVIT ON BEHALF OF THE APPLICANT/PETITIONER/EXECUTOR

 

DISTRICT: SOUTH 24 PARGANAS

IN THE COURT OF THE LEARNED DISTRICT JUDGE AT ALIPORE

SOUTH 24 PARGANAS

ACT 39 PROBATE CASE NO. 73 OF 2023

IN THE GOODS OF:

JAYARAMAN VISALAKSHI, DECEASED

In the matter of an application under Section 276 of the Indian Succession Act, 1925, for grant of Probate of the last Will and Testament dated 15 December 2019 of Jayaraman Visalakshi, wife of Late Subramanian Jayaraman, deceased;

AND

Shri Ashok Kumar Singh, son of Shri Ramakant Singh, aged about 49 years, by faith Hindu, by occupation Advocate, residing at Premises No. 100, Ramkrishna Nagar, Garia, Kolkata - 700084, District South 24 Parganas, Mobile No. 9883070666, Email: aksinghadvocate@rediffmail.com.

... Applicant/Petitioner/Executor

 

EXAMINATION-IN-CHIEF ON AFFIDAVIT

ON BEHALF OF THE APPLICANT/PETITIONER/EXECUTOR

I, Ashok Kumar Singh, son of Shri Ramakant Singh, aged about 52 years, by faith Hindu, by occupation Advocate, residing at Premises No. 100, Ramkrishna Nagar, Garia, Kolkata - 700084, District South 24 Parganas, do hereby solemnly affirm and state as follows:

1.       I am the Applicant/Petitioner in the present proceeding and the executor expressly appointed under the last Will and Testament dated 15 December 2019 of the deceased testatrix, Jayaraman Visalakshi. I am fully acquainted with the facts and records of the case and am competent to depose to the matters stated herein.

2.       The present application has been filed under Section 276 of the Indian Succession Act, 1925 seeking grant of Probate in my favour in respect of the last Will and Testament dated 15 December 2019 executed by Jayaraman Visalakshi, wife of Late Subramanian Jayaraman.

3.       The testatrix, Jayaraman Visalakshi, died on 31 January 2023 at Deeshari Enclave, Flat No. 2B, 2nd Floor, 55/3 Kalikapur Road, Police Station Garfa, Kolkata - 700099, District South 24 Parganas. Her death certificate is an official record and may be marked as Exhibit '1'.

4.       At the time of her death, the testatrix had her fixed place of abode at Deeshari Enclave, Flat No. 2B, 2nd Floor, 55/3 Kalikapur Road, Police Station Garfa, Kolkata - 700099, District South 24 Parganas, within the territorial jurisdiction of this Learned Court. This Learned Court therefore has jurisdiction to entertain and determine the present probate proceeding.

5.       The testatrix executed her last Will and Testament on 15 December 2019. By the said Will, she revoked her earlier Will dated 30 September 2013, which had been registered in Book III, CD Volume No. 1, pages 1723 to 1734, being No. 00175 for the year 2013 before the District Sub-Registrar-I, South 24 Parganas.

6.       The original Will dated 15 December 2019 annexed to and filed with the probate petition is the instrument propounded in this proceeding. The same may be marked as Exhibit '2', subject to formal proof of its execution and attestation in accordance with law through the attesting witness or witnesses.

7.       Under the said last Will and Testament dated 15 December 2019, I have been named and appointed as the executor. I have accepted the executorship and am ready and willing to faithfully administer the estate of the deceased in accordance with the Will and the directions of this Learned Court.

8.       The said Will purports to bear the signature of the testatrix and the signatures of the attesting witnesses, namely, Shri Sanjib Kumar Singh, son of Sri Dan Bahadur Singh, residing at Premises No. 16C, Rupchand Mukherjee Lane, Kolkata - 700025, and Smt. Priyanka Singh, wife of Shri Sanjib Kumar Singh and daughter of Late Lal Sahab Singh, residing at the same address. The due execution and attestation of the Will shall be proved by the competent attesting witness or witnesses in accordance with law.

9.       The deceased left surviving, inter alia, her elder son Shri Ramesh Jayaraman and her younger son Shri Jayaraman Suresh. The particulars of the surviving family members and persons disclosed in the probate petition are true and correct to the best of my knowledge and belief.

10.     The estate disclosed in the Affidavit as to Assets comprises immovable and movable properties, including the deceased's interests in flats situated at Chennai and at Deeshari Enclave, Kalikapur Road, Kolkata; fixed deposits and savings-bank accounts maintained with ICICI Bank and Indian Bank; a fixed deposit with Dunlop India Limited; and gold, diamond and other articles kept in a locker with Bank of Baroda, as more particularly described in Annexure 'A' to the Affidavit as to Assets.

11.     The gross value of the assets likely to come to my hands as executor was estimated in the probate petition and Affidavit as to Assets at Rs. 1,05,23,406/- (Rupees One Crore Five Lakh Twenty-Three Thousand Four Hundred and Six only), subject to verification, accrued interest, dividends, rents, appreciation or depreciation, and such further particulars as may be disclosed during administration of the estate.

12.     The lawful deductions disclosed in Annexure 'B' to the Affidavit as to Assets aggregate to Rs. 2,00,540/- (Rupees Two Lakh Five Hundred and Forty only), comprising funeral expenses of Rs. 5,540/- and expenses of the Shraddha ceremony of Rs. 1,95,000/-.

13.     The probate petition, together with its verification and the Affidavit as to Assets with Annexures 'A' and 'B', was prepared and filed under my instructions. I identify my signature appearing thereon. The said petition and accompanying Affidavit as to Assets may respectively be marked as Exhibits '3' and '4'.

14.     To the best of my knowledge, information and belief, no other application has been made before any other Court for Probate of the said Will dated 15 December 2019 or for Letters of Administration in respect of the estate left by the deceased testatrix.

15.     To the best of my knowledge and belief, the Will dated 15 December 2019 is the last Will and Testament of the deceased testatrix and has not been revoked, cancelled or superseded by any subsequent testamentary instrument.

16.     I state that there is no legal impediment to the grant of Probate of the said last Will and Testament in my favour as the executor named therein. I undertake to administer the estate faithfully, to render a true and proper inventory and account within the period prescribed by law or directed by this Learned Court, and to comply with every condition attached to the grant.

17.     The present proceeding has been instituted bona fide for due administration of the estate of the deceased and for carrying into effect her testamentary wishes.

18.     I therefore pray that this Learned Court may be pleased to admit the last Will and Testament dated 15 December 2019 of Jayaraman Visalakshi to Probate and grant Probate thereof in my favour as the executor named in the Will, together with such further or other order or orders as this Learned Court may deem fit and proper.

The statements made above are true to my knowledge, save those based on records and information, which I believe to be true.

 

 

DEPONENT

 

VERIFICATION

I, Ashok Kumar Singh, the deponent above named, do hereby verify that the statements contained in paragraphs 1 to 18 of this Examination-in-Chief on Affidavit are true and correct to my knowledge and belief, based upon the records of the proceeding where so stated; that no part thereof is false; and that nothing material has been concealed therefrom.

Verified at Alipore, South 24 Parganas, on this 2^nd  day of September, 2026.

 

DEPONENT

Identified by me,

 

Advocate

 

Notary