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Madras High CourtOP/620/2023allowed

Dr.T.P.Alaganantham v. Umayal Ganesan And 9 Others

2024-07-11Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No.620 of 2023 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 dated 02.04.2021 executed Dr.T.P.Ganesan who died on 02.02.2022. The petitioner is the named executor under the Will and also the brother of the testator. The respondents are also the other legal heirs and also other beneficiaries under the Will. The respondents have not raised any objection. 2.After following due procedure, the petitioner was directed to tender evidence and accordingly, he examined himself as PW-1. The original Will dated 02.04.2021 was marked as Ex.P1. The death certificate and legal heirship certificate of Dr.T.P.Ganesh were marked as Exs.P2 and P3. The petitioner also examined, N.

Kamaraj as PW-2 who was one of the attestors of the Will. He affirmed the Will Ex.P1 and stated that the testator was in a sound state of mind at the time of execution of Will. He also stated that the attestors and testator had signed the Will in the presence of each other. His affidavit was marked as Ex.P4.

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

C.V.KARTHIKEYAN,J.

smv 3.In view of the evidence adduced, this Original Petition stands allowed. The probate may be issued in favour of the petitioner in accordance with the rules.

11.07.2024 smv O.P.No.620 of 2023 https://www.mhc.tn.gov.in/judis