Ramchandra Sarda And Another v. Rukmani Devi Sarda 1.Changani Devi And 10 Others

A.Nos.4678, 4680 and 4682 of 2022 in O.P.No.640 of 2021 C.V. KARTHIKEYAN , J.

These three applications have been filed consequent to the death of the 1st and 2nd respondents / Rukmani Devi Sarda and Rampyari Devi to condone the delay in filing the application, to set aside the abatement and to bring on record the legal representatives.

2.The Original Petition had been filed seeking probate of the Will dated 21.01.2022, executed by Magniram Sarda @ Mangiram Sarda died on 17.02.2003. 3.The 2nd respondent had died. It is seen that the respondents had however filed their consent affidavits. Consequent to the death of the 2nd respondent, it is only appropriate that her legal heirs are brought on record since they also have caveatable interest. Notices had been directed. Notices had been served. Since the petition is for probate of a Will, it is only appropriate that formalities that technicalities do not obstruct the grant of probate, unless there is opposition.

4. Taking in that view into consideration, all these applications are allowed.

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

C.V. KARTHIKEYAN , J.

KP 5.The leaned counsel for the petitioner may carry out necessary amendment, noting the death of the 1st respondent and recognising the 2nd - 4th respondents as legal heirs and the 10th and 11th respondents as legal heirs of the 2nd respondent.

6. These applications stands allowed.

22.11.2022 1/2 kp A.Nos.4678, 4680 and 4682 of 2022 in O.P.No.640 of 2021 https://www.mhc.tn.gov.in/judis 2/2