1 BEFORE THE ADDITIONAL MASTER I, HIGH COURT, MADRAS A.No.989 of 2013 in O.P.No.95 of 2010 Date : 02.02.2024 Time : 12.40 P.M. Name : Mrs.R.Sudha (PW 1) Age : 49 Years Husband's Name : Mr.Ragahvendran Residential Address : No.16 & 17 B Block, Brindhavan Apartments, Gopalan Enterprises, 6th Main, Sampigae Layout, Bangalore – 600 079. PW1 Chief Examination by Mr.Yokesh.B, the learned counsel for the Applicant. Solemnly affirmed: I am the Applicant herein. I am filing my proof affidavit stating the facts of this case and the same may be treated as part and parcel of my examination-in-chief. Time: 12.50 P.M Taken down in open Court, read over and the same is admitted by the witness to be correct and signed before me. ADDITIONAL MASTER – I 2 BEFORE THE ADDITIONAL MASTER I, HIGH COURT, MADRAS A.No.989 of 2013 in O.P.No.95 of 2010 Date : 19.02.2024 Time : 11.30 A.M. Name : Mrs.R.Sudha (PW 1) Cross Examination by Mr.S.Senthilnathan, the learned counsel for the Respondent. Solemnly affirmed: Q1: How long you are in the address described in the proof affidavit? A: From the year of February 2010. Q2: When did you come to know about the Will at first? A: Before the year 2010. Q3: Under what circumstances you came to know about the Will? A: When I talked with my mother. Q4: Did your mother disclosed about the execution of the Will? A: No. Q5: You said you came to know about the Will before the year 2010, if that is true your mother would have been said about the Will. Is it not? A: I knew about the Will before the year 2010. But I did not know whether it was registered or not. Q6: Did you ever had an occasion to see the Will? A: No. 3 Q7: Is it your case you have not seen the Will till now? A: I have not seen the Will till now, but a copy was given to me by my sister before the year 2010. Q8: What is the wrong with that Will? A: No shares have been given to daughters and not even requested and informed. Q9: Is it correct to say that no share has been given to the female members of the family under the Will? A: No share has been given. Q10: In case of a Will, are you aware that it the prerogatives of the executant to allot or deny a share in the Will? A: I do not know. Witness Adds: N.O.C was requested. Q11: Have you noticed that in the Will, two witnesses also signed in the Will? A: Yes, I have noticed. I do not know the names of witnesses. They were residing in opposite houses. Q12: Are they named as Balram Reddy and Ramalingam? A: I know Ramalingam, who was residing in opposite house. But I do not know Balram Reddy. Q13: Have you seen Shanmuga Sundram also witnessed the Will? A: I do remember. Q14: You have also seen the contents of the Will. Is it correct? A: I have seen. 4 Q15: Am I right in saying, the whole grievance is that you were not consulted while executing the Will? A: That is one of the reason. When the photocopy was given to me, I found my signature. Q16: What you mean by photocopy? A: That is the Will. Q17: Did you receive any notice from the High Court? A: No. Q18: The acknowledgment card enclosed in the Proof of Service is shown to the witness. Whether the signature found in the Acknowledgment card is yours? A: Yes. The Acknowledgment card is marked as Ex.R1. Q19: The address mentioned in the Ex.R1 is the address where you now residing. Is it correct? A: Yes. Q20: In response to the above said Notice, did you filed any Vakalat or entered appearance? A: I did not file any Vakalat. Q21: What was the reason for not filing any Vakalat or entered appearance at that time? A: I do not know that I have to enter appearance if I received any notice from Court. 5 Q22: I put it to you that since you have not entered appearance at that time you were set exparte and since others have given consent affidavit, the Will was probated? A: I deny. Q23: Am I correct in saying, you have filed application for revocation of the probate granted only in the year of 2013? A: I have filed Application before 2010. Q24: You are not cordial with your family members. Is it correct? A: I am cordial with my sisters. But not cordial with my brothers. Q25: When did your father die? A: 18th or 19th August 1989. Witness Adds: After my marriage. Q26: Am I correct in saying that you got married without the will and pleasure of your father? A: Yes. Q27: Therefore your father did not want to give any share to you. Is it correct? A: I do not think so. Q28: I put it to you that, a person executing a Will and granting share of his self acquired property, he is vested with absolute right to allot the share to any one of his choice? A: I deny. 6 Q29: Therefore while executing this Will, your father need not consult you. Therefore your allegation found in this petition is unfounded and incorrect. What do you say? A: I deny all these allegations. Witness Adds: My father was diagonised with Cancer (Fourth Stage). He was not in a position to analyse the things. He can neglect one daughter but not all the daughters. Q30: Have you seen that your father was not in a position to analyse the things personally? A: I have seen personally. Q31: I put it to you that since you have married contrary and against father's wish, he has not entertained you till his death? A: I deny. Q32: In fact in this Will itself your father narrated about the above said issue? A: No. Time: 12.30 P.M Taken down in open Court, read over and the same is admitted by the witness to be correct and signed before me. ADDITIONAL MASTER – I