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Madras High CourtOP/714/2021allowed

P.Rajasekar v. T.Gopu And 12 Others

2022-09-19Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No.714 of 2021 C.V.KARTHIKEYAN, J., The petition had been filed seeking probate of the Will and Testament of S.Bangaru Ammal, who died on 02.02.2020, after executing unregistered Will dated 20.01.2020. The petitioner is her sisters son. It is claimed that she had no children. Her husband had predeceased her. It is under those circumstances that the petition had been filed seeking probate of the said Will.

2. The respondents are the legal representatives ie., the classII heirs and they had also filed their consent affidavit. They also represented by counsel. The petitioner was examined as PW-1. The original Will was marked as Ex.P-3, the death certificate of S.Bangaru Ammal was marked as Ex.P-4. The consent affidavits were marked as Ex.P-7 to P-19.

3. To further prove the Will, one of the attesting witness P.Baburaj was examined as PW-2. He identified the Will and also stated that he had signed the Will as an attestor along with G.Sanjay Rajan. He also stated that S.Bangaru Ammal was in a sound and disposing state of mind. His affidavit was marked as Ex.P-20. One of the respondents K.R.Govindarajan was examined as RW-1. He also identified and his consent affidavit had been marked as Ex.P-12. https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J., vsg 4.

In view of above evidence, the probate of the Will is granted and this Original Petition is allowed as prayed for. Vsg 19.09.2022 O.P.No.714 of 2021 https://www.mhc.tn.gov.in/judis