J.Sriram v. J.Maragathavalli

A.No.3046 of 2022 A.No.3046 of 2022 in O.P.DR.No.91961 of 2021 KRISHNAN RAMASAMY, J.

This application has been filed by the applicant to permit the applicant to prove the signature of the testator by filing third party affidavit, in lieu of filing affidavit of attesting witnesses.

2. Learned counsel for the applicant has submitted that both the attesting witnesses of the Will were passed away. Hence, he filed this application to prove the signature of the testatrix through one Alamelu Radhakrishnan, who is none other than the close friend of the testatrix of the Will. The respondent has also given consent for granting Letters of Administration in favour of the petitioner. The petitioner as well as the respondent are beneficiaries, as per the Will. Hence, he seeks to allow this application.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition and the submissions made by the learned counsel for the applicant, this application is allowed.

29.07.2022 mfa https://www.mhc.tn.gov.in/judis 1/2

A.No.3046 of 2022 KRISHNAN RAMASAMY,J mfa A.No.3046 of 2022 in O.P.DR.No.91961 of 2021 29.07.2022 https://www.mhc.tn.gov.in/judis 2/2