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Madras High CourtA/6106/2023ordered

S. Raj Ganesh v. Sivakami K And 10 Others

2023-12-04Honourable Mr Justice N. Sathish Kumar2 pages

A.No.6106 of 2023 in O.P. DR.No.84684 of 2022 N.SATHISH KUMAR.J., This application has been filed seeking appropriate directions to the Registry with respect to verification and proof of the last Will and Testament of late M.Karappakanan dated 01.12.1985.

2. Heard the learned counsel for the applicant.

3. The learned counsel for the petitioner submitted that the Will is a registered one, however, the attesting witnesses in whose presence the Will in question was executed and registered are no more and the petitioner is unable to comply with the direction issued by the Registry with regard to Verification and Proof of the the last Will and Testament of M.Karappakanan.

4. Death Certificates of the attesting witnesses have been filed. Though the attesting witnesses are no more, the petitioner can very well prove the Will in question by examining any one of the persons who have acquaintance with the signatures of the attesting witnesses. Therefore, the applicant is permitted to file the affidavits of the witnesses who have acquaintance with the signatures of the https://www.mhc.tn.gov.in/judis

N.SATHISH KUMAR.J., kmk attesting witnesses or any one of the attesting witnesses in court in support of verification and proof of the Will in question in the manner known to law. This petition is ordered accordingly and the Registry is directed to number the original petition, if the papers are otherwise in order and list the same on 22.12.2023 before the court for further orders. 05..12..2023 kmk A.No.6106 of 2023 in O.P. DR.No.84684 of 2022 https://www.mhc.tn.gov.in/judis