The Court granted a petition for the grant of probate in respect of the Will of the deceased T.V.Kannan. The petitioner, the younger son, proved his claim with supporting evidence and undertook to administer the estate, satisfying the Court for the relief sought.
Grant probate of the Will in respect of the petitioner.
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O.P.No.443 of 2014
R.SUBBIAH, J
This petition has been filed under Sections 222 and 276 of the Indian Succession Act, read with Order XXV, Rule 4 of O.S. Rules, for the grant of Probate in respect of the last Will and Testament of one deceased T.V.Kannan.
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stating no objection to the grant of probate to the petitioner in respect of the last Will and testament dated 9.6.2012 executed by the deceased T.V.Kannan. The net amount of the assets does not exceed in the aggregate sum of Rs.15,00,000/-. The petitioner undertakes to duly administer the property and credits of the deceased T.V.Kannan and in any way concerning the Will by paying first his debts and then the legacies therein bequeathed so far as the assets will extend and to make a full and true inventory thereof to the Court within six months from the date of grant of probate to the petitioner. The petitioner has impleaded all the next of kin or other persons interested as party respondents. There is no other next of kin or other persons interested to be impleaded. No application has been filed in any other Court for the probate of the Will of the said deceased or Letters of Administration with or without the Will annexed to his property. Hence, the petition.
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of T.V.Kannan dated 01.02.2008. Ex.P2 is the original unregistered Will executed by his deceased father. Ex.P3 is the photo copy of the legalheirship certificate dated 19.03.2008 in respect of deceased T.V.Kannan. Ex.P4 is the affidavit of assets showing the net value of the property as Rs.81,24,000/-. The petitioner has not filed any petition before any other Court seeking the same relief.
examined as P.W 2 and he has deposed that the testator had executed his last Will and Testament on 30.06.2006. The testator subscribed his signature in the Will Ex.P2 in his presence. At the request of the testator, P.W.2 subscribed his signature as the first attesting witness and one V.S.Rajagopalan subscribed his signature in the Will as the second attesting witness. He saw the testator subscribing his signature and then he saw one V.S.Rajagopalan signing in the Will, Ex.P2 as another attesting witness. At the time of execution of Ex.P2 Will, the testator was in sound and disposing state of mind, memory and understanding. Ex.P5 is the affidavit of one of the witnesses.
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clear that the petitioner has proved his claim and there is no contra evidence. Hence, I am satisfied that the petitioner is entitled to the relief sought for.
Will in respect of the petitioner.
10.12.2014
gpa
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R.SUBBIAH, J
O.P.No.443 of 2014
DATED: 10.12.2014
1 issue framed by the court
Whether to grant probate of the last Will and Testament executed by the deceased T.V.Kannan in favor of the petitioner as the younger son.
4 provisions across 3 enactments
petitioner
first respondent
second respondent
R.SUBBIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
