Will (3) Of v.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2019
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN O.P.No.735 of 2018 1.K.M.Sadasiva Reddy 2.K.M.Ramesh Reddy 3.Mrs.Lakshmiammal 4.Mrs.S.Suseela 5.J.S.Sreenivasan 6.J.S.Sathish Kumar ... Petitioners as her order dated 12.11.2018 in Application No.8610 of 2018.
For Petitioners: Mr.G.Nagarajan Prayer: Original Petition filed under Section 222 and 276 of Indian Succession Act and under Order XXV Rule 4 of the Original Side Rules praying may be allowed to prove the will in common form, and that probate thereof, to have effect limited to the State of Tamil Nadu may be granted to them.
O R D E R
This Original Petition has been filed seeking probate for the Registered Will dated 29.08.1994, executed by one Jayaraman. It is the case of the petitioners that the said Jayaraman died unmarried on
09.11.2007. The petitioners who are the brothers have been bequeathed the property situate at Kunrakudinagar, Adambakkam Village, Saidapet Taluk under the said Will. After filing of the Original Petition, the first petitioner namely, Sadasivam Reddy expired and his legal representatives have been brought on record as petitioners 3 to 6.
2. The fifth petitioner J.S.Sreenivasan has been examined as P.W.1. He has produced the death certificate of Jayaraman as well as the original Registered Will which have been marked as Exs.P1 and P2. The death certificate of Sadasivam Reddy has been marked as Ex.P3. The legal heirship certificate of Sadasivam Reddy has been marked as Ex.P4. The petitioners have also examined one Mr.E.Suresh as P.W.2. He has deposed about the execution of the Will by the testator and its attestation by himself and one Rajamanickam.
3. In light of the said evidence, the application is allowed and granting probate for the Will dated 29.08.1994. 14.02.2019 jv Speaking order/Non speaking order Internet: Yes/No
R.SUBRAMANIAN.J., jv O.P.No.735 of 2018 14.02.2019