N.N.C.Swamy v. T.R.Radha And 1 Another (Deceased)

O.P.No.594 of 2021 O.P.No.594 of 2021 C.V.KARTHIKEYAN , J.

The Original Petition has been filed seeking probate of the last Will dated 22.01.2018, executed by T.R.Saroja Rani, who died on 06.05.2020. She had been married to one Parasuram, in the year 1963 and he had died in the year 2014.

2. The 1st respondent is the elder sister and she died, pending the petition and necessary amendment in that regard had been carried out consequent to the order dated 01.08.2022. The 2nd respondent is another elder sister of the deceased T.R.Saroja Rani.

3. The petitioner is the named executor under the Will.

4. After following due procedure, the petitioner was directed to tender evidence. The petitioner examined himself as P.W.1. The details relating to the property and the savings bank account were marked as Exs.P3 and P5. The Death Certificate of T.R.Saroja Rani was marked as Ex.P1and the Original Will dated 22.01.2018 was marked as Ex.P2. The affidavit of Assets were marked as Ex.P6.

5. Thereafter, K.Sivaramakrishnan was examined as P.W.2. He was the first attestor. He identified the Will and stated that when the Will was executed, T.R.Saroja Rani was in a sound and disposing state of mind. He also stated that he had signed in the Will, in the presence of T.R.Saroja Rani.

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

O.P.No.594 of 2021 C.V.KARTHIKEYAN , J.

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6. The petitioner also examined the 2nd respondent, Mrs.Prema Gopalan as R.W.1. She also filed proof affidavit wherein, she granted consent for grant of probate.

7. In view of the evidence recorded, the petition stands allowed. Probate is granted.

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