Mr.David Jeyabalasingh Augustine v. Mr.R.Jeyaseelan

O.P.No.300 of 2022 O.P.No.300 of 2022 C.V.KARTHIKEYAN , J.

The Original Petition has been filed, seeking probate of the Will dated 19.01.2021, executed by Mr.P.A.Jeyabalasingh, the maternal uncle of the petitioner, who died on 03.06.2021.

2.The petitioner is the named executor under the Will and is also a beneficiary.

3.The respondents are also beneficiaries under the Will. They had given their consent affidavits.

4.After due following process, the petitioner was directed to tender evidence.

5.The petitioner examined himself as PW-1. The Death Certificate of the executor Mr.P.A.Jeyabalasingh, was marked as Ex.P-5 and the original Will was marked as ExP-4. The wife of the testator had predeceased him and they did not have any children. The respondents had given their consent affidavits https://www.mhc.tn.gov.in/judis 1/2

O.P.No.300 of 2022 and they were marked as Exs.P-10 to P-15. The petitioner also examined C.V.KARTHIKEYAN , J.

kp PW-2 /T.Murali, who was one of the attesting witness. He identified the Will and also stated that he and L.Paramasivam, had signed the Will as attestors and he specifically stated that the testator, the other attesting witness and himself signed in the presence of each other and that the testator was in a sound and disposing state of mind. His affidavit was marked as Ex.P-16. Even though the respondents had given their consent affidavits, the petitioner also examined the 1st respondent as RW-1. He affirmed and identified the Will and also stated that the Will had been executed in proper form and that the respondents have no objection for grant of probate.

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

17.11.2022 kp O.P.No.300 of 2022 https://www.mhc.tn.gov.in/judis 2/2