P.v.Ram v. P.v.Bhavani
Case brief
What is this about?
The Supreme Court granted a petition seeking the probate of a will. The petitioner, the younger son of the deceased, proved the validity of the will and the testamentary capacity. All legal heirs filed consent affidavits. The Court found no contra evidence and granted the prayer.
What did the court decide?
Probate of the Will dated 10.12.2004 registered as Doc.No.72 of 2004 is granted in favour of the petitioner.
What the court decided
O.P.No.830 of 2019
O.P.No.830 of 2019
K.KALYANASUNDARAM, J.,
This Petition has been filed under Sections 222(1) and 276 of Indian Succession Act, 1925 r/w Order XXV Rule 4 of O.S Rules.
2.In the petition, it is stated that the deceased Mr.P.B.Visweswara Rao died on 30.04.2005 at Apollo Hospitals, Greams Lane, Chennai – 600 006 and left the property within the jurisdiction of this Court. The petitioner is the younger son of the deceased testator. The first respondent is the wife of the deceased testator, the second respondent is the elder son of the deceased, the respondents 3 and 4 are the daughters of the deceased testator. The deceased executed the Will and Testament, dated 10.12.2004 registered as Doc.No.72 of 2004 on the file of the Chennai Central Joint I in the presence of two attesting witnesses, namely, Mr.G.Venugopal and Mr.T.Ravikumar. The petitioner was appointed as the executor of the Will. The deceased/testatrix at the time of his death left behind the petitioner
and the respondents as his only surviving legal heirs.
3.It is stated that the petitioner impleaded all the next of kin or other persons interested as party / respondent. There is no next kin or other persons interested to be impleaded. The amount of assets which are
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to the grant of probate of the will.
Whether the petitioner has proven his claim through documents and evidence.
Parties & counsel
- petitioner
K.KALYANASUNDARAM
- respondent
Mrs. P.B.Visweswara Rao
- respondent
Elder son of the deceased
- respondent
Daughters of the deceased
Coram
Case details
As recorded by the court registry
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