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Madras High CourtOP/1048/2018allowed

S.Valliappan v. Vinaitheerthal

2019-06-07Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 07TH DAY OF JUNE 2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN O.P.No.1048 of 2018 In the matter of Indian Succession Act XXXIX of and In the matter of the Last Will and Testament of S.Yegammai Achi-deceased S.Valliappan, Door No.9, Lake Area, 7th Cross Street, Valluvarkottam, Chennai 600 034 ...Petitioner -vs1.Vinaitheerthal, 73, New No.15, Chinnakadai Street, Ariyalur(PO)(TK)(DT) 621704 2.M.Valliammai, No.94 A, New No.8, NRG Street, No.2, KK Pudur, Coimbatore North 641038 3.CP.Muthulakshmi, C3-4, 3rd floor, Ambujam Apartment, Sekkalai 2nd St Extn., Arumuga Nagar, Karaikudi, Sivagangai 4.RM.Sornavalli, 59, Jalan Bandar 36000 Telukint Peral, Malayasia ...Respondents

Original Petition praying that this Honble Court be pleased that he may be allowed to prove that the Will in common form and that Probate thereof to have effect, limited to State of Tamil Nadu may be granted to him. This Original Petition coming on this day before this court for hearing the court made the following order: The petitioner seeks issuance of probate for the unregistered Will dated 18.10.2000 executed by Late S.Yegammai Achi.

2. The petitioner is the Executor of the Will. He is also the son of the deceased testator and the beneficiaries are the daughters of the testator. All the daughters of the testator have filed their consent affidavits expressing their consent for grant of probate in favour of the petitioner. The said consent affidavits have been marked as Exs.P6 to P9. The petitioner has also examined one Subramanian as P.W.2, he has identified the signature of the attestor. The petitioner as P.W.1 has identified the signature of the testatrix.

3. In view of the said evidence, I find that the petitioner has proved the Will in common form and he is entitled to probate. In fine, this original petition is allowed granting probate in favour of the petitioner. Sd/.R.S.M.J 07.06.2019 //Certified to be a true copy// Dated this the day of 2019.

R.s/14.06.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgement Decree in this format.