BEFORE THE ADDITIONAL MASTER - II HIGH COURT, MADRAS C.S. No.481 OF 2000 Date : 18.12.2023 Time: 11.00 A.M. Name : Mr.R.Jayakumar (PW1) PW1 Cross Examined by Learned Counsel for the defendants Mr.M.Devendran. Solemnly affirmed: Q73: Your grandfather C.Subramaniya Chetty have executed Will in respect of the suit properties? A: Yes. Will executed for 6 door numbers of the property. Q74: Who is appointed the executor of the Will? A: Mr.C.Ranganathan. Q75: I put it to you that Mr.C.Ranganathan is your father and he is also father of the 2nd defendant A: Yes. Q76: When did the testator C.Subramaniya Chetty died? A: In the year of 1959. Q77: Is it true that the said Will your grandfather directed the executor to form a trust in respect of the suit properties? A: Yes, in the name of Chithirala Subramaniyam Chetty Foundation. Q78: After death of your grandfather when did your father file a petition for grant of probate? A: In the year of 1988. Q79: Can you say what was the reason for your father not filed petition for grant of probate for nearly 30 years after the death of the testator? A: My father's sister was claimed a share in the property, so there was delay. Q80: Have you filed any document to show that your father's sister claimed share in the suit properties? A: No. Q81: I put it to you that the reason now adused you is a false? A: No. Q82: Probate of the Will was granted 1988. Is it not? A: Application was filed in the year of 1988 before this Hon'ble Court. Probated was granted in the year of 2000 only. Q83: I put it to you that as Ex.P2 filed by you the probate of the Will of your grandfather was probated under th orders of High Court on 25.10.1988? A: Yes, it is mentioned as above. Q84: Probate was granted only after probate duty. It is true? A: Yes. Q85: The allegation made in para 3 of your plaint that the probate charges were not paid by executor is not correct? A: As on that date of plaint it is correct but as on today is not correct? Q86: In para 3 of your Plaint you have wrongly made an allegation that till the date of filing suit the probate charges were not paid. Is it correct? A: As on that date probate charges were not paid. Q87: When did you went to collector office with regard to the payment of the probate duty? A: Before 2000, I do not remember the exact date. Q88: I put it to you that averments made in the plaint with regard to the payment of probate duty is totally false? A: No. Time: 11.30 A.M. Taken down in open Court, read over and explained to the witness and the same is admitted by the witness to be true and correct and signed before me. ADDITIONAL MASTER-II