Shreyans Kumar v. Tipu Devi And 4 Others

O.P.No.269 of 2022 O.P.No.269 of 2022 C.V.KARTHIKEYAN , J.

The Original Petition filed under Section 222 and 276 of the Indian Succession Act, 1925, seeking grant of Probate with respect to a Will dated 11.07.2018, executed by Keval Chand, who died on 22.10.2018.

2. The petitioner is the named executor under the Will. The 1st respondent is the mother of Keval Chand, the 2nd respondent is his wife. and the 3rd, 4th and 5th respondents are his children.

3. Thereafter, the petitioner was directed to tender evidence.

4. The petitioner examined himself as P.W.1. The original unregistered Will dated 11.07.2018 was marked as Ex.P2. The Death Certificate of Keval Chand was marked as Ex.P4 and the Legal Heirship Certificate was marked as Ex.P3.

5. Thereafter, the petitioner also examined Vinesh as P.W.2. He was one of the attesting witness along with T.Purshotham. He specifically stated that he and the other attesting witness and the testator signed in the presence of each other and when the testator executed the Will, he was in a sound and disposing state of mind. He also identified the Will and also identified the signatures. His affidavit was marked as Ex.P6. At the time of filing of this petition, the consent affidavits of the respondents had been filed.

https://www.mhc.tn.gov.in/judis 1/2

O.P.No.269 of 2022 C.V.KARTHIKEYAN , J.

ssi

6. In view of the evidence presented, the Original Petition stands allowed. Probate is granted.

18.11.2022 ssi O.P.No.269 of 2022 https://www.mhc.tn.gov.in/judis 2/2