V.Shailaja v. N.V.Mahesh

O.P.No.109 of 2020 C.V.KARTHIKEYAN, J.

This Original Petition has been filed under Sections 222 and 227 of the Indian Succession Act, 1925 seeking probate of the last will dated 15.03.2021 executed by N.Mythili, the mother of the petitioner and the respondent, who died on 03.10.2014. The father of the petitioner and the respondent, N.Rosi Naidu died on 02.08.2011. The petitioner and the respondent are the only Class I heirs. Additionally, the petitioner is the executor named under the Will. Both the petitioner and the respondent are beneficiaries under the Will. The respondent has also given his consent affidavit.

2.After following the due procedures, the petitioner was invited to adduce evidence. The petitioner examined herself as PW-1. The original Will dated 15.03.2021 was marked as Ex.P1. The death certificate of her mother and father were marked as Exs.P2 and P3. The legal heirship certificate of her mother was marked as Ex.P4. The consent affidavit of the respondent was marked as Ex.P5. The petitioner also examined S.Arunkumar as PW-2, who was the second attesting witness to the Will. He identified the Will and also identified the signature of the testatrix. He stated that the husband https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN,J.

smv N.Rosi Naidu, who was also another attesting witness to the Will. He also stated that N.Mythili was in a sound and disposing state of mind, when Ex.P1 was executed.

3.In view of the evidence presented, probate of the will of N.Mythili is granted as prayed for. This Original Petition is allowed. 28.10.2022 smv O.P.No.109 of 2020 https://www.mhc.tn.gov.in/judis