Kailash P Hemdev v. Prakash H.Hemdev

O.P.No. 827 of 2018 R.SUBRAMANIAN, J.

The petitioner as the executor of the Will dated 18.12.1996 executed by Late Harilal Gurumukh Singh has been filed this original petition seeking issuance of probate.

2. The respondents are the son, daughter and grandson of the deceased. The testator died on 13.05.2000 and his wife Rita Harilal predeceased him on 30.11.1997. The petitioner has examined himself as P.W.1, he has produced the death certificates of the testator and his wife Rita Harilal as Exs.P1 and P5. The consent affidavit of the Co-executor has been marked as Ex.P4. The original Will has been marked as Ex.P3. The legal heirship certificate of the testator has been marked as Ex.P6. The consent affidavits of the respondents 1 to 4 have been marked as Exs.P7 to P10. The petitioner has also examined one Mukesh P Hemdev as P.W.2, he has spoken about the execution of the Will by the testator and its attestation by himself along with other attested witnesses Giridhar P Hemdev and Manohar P Hemdev.

3. In the light of the above evidence, I find that the petitioner has proved the Will in common form and is entitled to probate. In fine, this original petition is allowed granting probate in favour of the petitioner. 20.06.2019 kkn http://www.judis.nic.in

R.SUBRAMANIAN, J kkn O.P.No. 827 of 2018 20.06.2019 http://www.judis.nic.in