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Madras High CourtOP/1014/2015allowed

Will Of Radha Devi Sonthalia v. Anil Kumar Sonthalia

2022-11-14Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No.1014 of 2015 C.V.KARTHIKEYAN, J., This Petition filed seeking grant of probate of Will dated 29.05.2007 executed by Radha Devi Sonthalia, who died on 01.12.2013. Her husband Shyam Sundar Sonthalia had pre-deceased her. The petitioner and the respondent herein are her legal heirs. 2.

After following due procedure, the petitioner was directed to tender evidence. Accordingly, the petitioner examined himself as PW-1. The original Will dated 29.05.2007 was marked Ex.P-1 and the death certificate of his mother Radha Devi Sonthalia was marked as Ex.P-2. The consent affidavit given by the respondent was marked as Ex.P-6.

3.

The petitioner also examined S.S.Poddar as PW-2. He was the second attesting witness and he identified the Will dated 29.05.2007 as Ex.P-1 and stated that the testatrix signed in his presence. He also stated in the affidavit that she was in a sound and disposing statement of mind. His affidavit was marked as Ex.P-7. C.V.KARTHIKEYAN, J., https://www.mhc.tn.gov.in/judis

vsg 4.

In view of the evidence produced, the probate of the Will executed by Radha Devi Sonthalia dated 29.05.2007 is granted and this Original Petition is allowed as prayed for. Vsg 14.11.2022 O.P.No.1014 of 2015 https://www.mhc.tn.gov.in/judis