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Madras High CourtOP/713/2021allowed

Y.V.Vani v. Y.K.Vasudevan

2022-09-26Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No.713 of 2021 O.P.No.713 of 2021 C.V.KARTHIKEYAN , J.

The petition has been filed under Sections 222 and 276 of the Indian Succession Act, 1925, seeking grant of probate with respect to a Will executed by Y.S.Venkateswaralu, who died on 01.12.2015.

2. The Will was dated 03.01.2012. The petitioner herein is an Executor. The respondent is a beneficiary.

3. The respondent had filed affidavit stating that there is no objection.

4. The parties were invited to tender evidence.

5. The petitioner examined herself as P.W.1. The Will was marked as Ex.P1. The Death Certificate of Y.S.Venkateswaralu was marked as Ex.P2. The Death Certificate of the other relatives were marked as Exs.P3, P7 - P14. Consent affidavits of the respondent had been marked as Ex.P16.

6. As required under Section 68 of the Indian Evidence Act, one of the attesting witnesses was examined as P.W.2. He was C.Jayakumar. He stated that he knew the testator and that he was asked to sign as one of the attestors and that the other attestor was Raju. In his evidence, he https://www.mhc.tn.gov.in/judis 1/2

O.P.No.713 of 2021 C.V.KARTHIKEYAN , J.

ssi affirmed the Will and also pointed out the signature of the testator and his signature and also the signature of the other attesting witness.

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

26.09.2022 ssi O.P.No.713 of 2021 https://www.mhc.tn.gov.in/judis 2/2