Sumathy Ramachandran v. Krishnan L.R And 4 Others

O.P.No.157 of 2024 C.V.KARTHIKEYAN,J.

This Original Petition has been filed under Sections 222 and 276 of the Indian Succession Act, 1925 along with the relevant rules of the Original Side of Madras High Court seeking probate of the last Will of L.R.Ramachandran @ Lalgudi Radhakrishnan Ramachandran, late husband of the petitioner, who died on 19.06.2023.

2.The first and second respondents are the son and daughter of the petitioner and the third respondent is the mother-in-law of the petitioner. The fourth and fifth respondents are the daughter-in-law and son-in-law of the petitioner/spouses of the first and second respondents. The respondents had given their consent affidavit for probate to be granted in favour of the petitioner herein.

3.After following due procedure, the petitioner was directed to tender evidence and accordingly, she examined herself as PW-1. The original Will dated 09.06.2023 was marked as Ex.P5. The death certificate and the legal heirship certificate of her husband L.R.Ramachandran @ Lalgudi Radhakrishnan Ramachandran were marked as Exs.P6 and P7. The documents relating to the properties, which was the subject matter of the https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN,J.

smv Will were marked as Exs.P1, P2 and P3. The petitioner also examined as PW-2, one of the attesting witnesses, B.Swaminathan. He identified Ex.P5 Will and affirmed the signature in the Will and also the signature of the executor. He also stated that the executor was in a sound state of mind at the time of execution of Will. He also stated that the attestors and executor had signed the Will in the presence of each other. The petitioner also examined as PW-3, the 1st respondent, who also affirmed the fact of execution of Will. He also stated that he had given his consent affidavit for probate to be granted in favour of the petitioner.

4.In view of the evidence adduced, this Original Petition stands allowed. The probate may be issued in favour of the 1st petitioner in accordance with the rules.

11.06.2024 smv O.P.No.157 of 2024 https://www.mhc.tn.gov.in/judis