Paul Raj v. Narayani Verghese And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Paul Raj ... Petitioner Vs 1.Narayani Verghese 2.Nirmala ... Respondents PRAYER: Original Petition filed for Original Petition filed for Testamentary and Intestate under Section 222 and 276 of Indian Succession Act, 1925 under Order XXV Rule 4 of Original Side Rules, prays to prove the Will in common form and that the Probate thereof. For Petitioner : Mr.S.V.R.Ramprasad For Respondents : Mr.C.Balakumaran
ORDER
This Original Petition has been filed for issuance of probate for the last will and testament dated 07.08.2017 executed by Late Babu Verghese Pilo, who died on 14.02.2022. The petitioner is the son of the testator and he has been appointed as an executor under the Will and the 1st repondent is the wife and the 2nd respondent is the daughter of the testator. The 1/4
respondents 1 and 2 have also filed their consent affidavits expressing their consent for grant of probate.
2. The petitioner has been examined as P.W.1. He has produced the the death certificate of the testator Babu Verghese Pilo, as Ex.P2, and the legal heirship certificate of the testator Babu Verghese Pilo, as Ex.P3, and the Original registered Will and Testament dated 07.08.2017 has been produced as Ex.P1. A perusal of Ex.P3 shows that the petitioner and the respondents are the only legal heirs of the testator Babu Verghese Pilo.
3. One V.P.Udhippu, who is one of the attesting witnesses to the said Will has been examined as P.W.2. He has spoken about the execution of the Will by the testator and its attestation by himself and Mr.Ipe Job. The consent affidavits of the respondents have been marked as Exs. P9 and P10.
4. In view of the said evidence, the execution of the Will stands proved. Hence, the Original Petition is allowed granting probate for the last will and testament dated 07.08.2017.
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Index :Yes/No Petitioner's witness:
P.W.1 - Mr.Paul Raj P.W.2 - Mr.V.P.Udhippu Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Original registered Will dated 07.08.2017 executed by Mr.Babu Varghese Pilo Ex.P2 Death certificate of Mr.Babu Verghese Pilo Ex.P3 Legal heirship certificate of Mr.Babu Verghese Pilo Ex.P4 Photocopy of the Sale Deed dated 26.11.1986 executed in favour of Babu Verghese Pilo Ex.P5 Photocopy of the petitioner's Aadhaar card Ex.P6 Photocopy of the Aadhaar card of the 1st respondent Ex.P7 Photocopy of the e-Aadhaar card of the 2nd respondent (this document is marked subject to its admissibility, proof and relevancy) Ex.P8 Affidavit of assets showing the net value of the estate as Rs.1,67,58,375/- Ex.P9 Consent affidavit given by the 1st respondent Ex.P10 Consent affidavit given by the 2nd respondent 3/4
K.KUMARESH BABU,J.
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