Prof.L.K.Prakash Narayan v. Dr.L.K.Shivaji Ganesh And 2 Others

A.No.6589 of 2023 in O.P.No.657 of 2022 N.SATHISH KUMAR, J.

This application has been filed to permit the affidavit of Mrs.Shanthi Krishnan, to identify the signature of the testator in lieu of the affidavit of attesting witnesses in the Will dated 08.02.1996, be received and accepted.

2. Considering the fact that the Will is of the year 1996 and the whereabouts of the attesting witnesses are not known to the applicant, the applicant seeks to file an affidavit of a third party who can identify the signature of the testator, this application is Ordered.

3. It is also made clear that before establishing the fact that the whereabouts of the attesting witnesses are no known or they are dead, the applicant as a matter of right cannot lead evidence to prove the Will by any other mode.

4. Post before Master for recording evidence on 05.01.2014.

14.12.2023 vrc https://www.mhc.tn.gov.in/judis