V.N.Harinath And 2 Others v. D.Saroja And 5 Others

O.P.No.301 of 2022 O.P.No.301 of 2022 C.V.KARTHIKEYAN , J.

This Original Petition filed under Sections 222 and 276 of the Indian Succession Act, 1925, seeking probate of a Will dated 03.03.2021 executed by M.Chakrapani, who died on 03.05.2021.

2. The three petitioners are the joint executors named under the Will. The respondents are the beneficiaries. They had given their consent affidavits.

3. After following due procedure, the petitioners were directed to tender evidence.

4. The 1st petitioner V.N.Harinath examined himself as P.W.1. The original Will dated 03.03.2021 was marked as Ex.P1. The Death Certificate and the Legal Heirship Certificate of M.Chakrapani were marked as Exs.P2 and P3. The Death Certificate of Anusuya, the wife of the testator was marked as Ex.P4. The consent affidavits given by the respondents were marked as Exs.P5 - P10.

5. Thereafter, the petitioner also examined T.A.Ramesh, as P.W.2. He was one of the attesting witnesses and also identified the Will Ex.P1. He specifically stated that he and the other attesting witness S.Baskaran signed the Will in the presence of testator. He also stated that the testator was in a sound and disposing state of mind at the time of execution of the Will. His affidavit was marked as Ex.P12.

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O.P.No.301 of 2022 C.V.KARTHIKEYAN , J.

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

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