Will of Poongavanammal v. Susila
Case brief
What is this about?
The court allowed an original petition for the grant of probate of a Will executed by Poongavanammal, admitting evidence of attesting witnesses to validate the Will's execution.
What did the court decide?
Probate of the Will of Poongavanammal was granted.
What the court decided
1
O.P.No.17 of 2013
C.V.KARTHIKEYAN, J.
This original petition has been filed taking advantage of Sections 222 and 276 of the Indian Succession Act, 1925 seeking Probate of Will dated 12.09.1996 executed by Poongavanammal, who died on 03.04.2012. The petitioner is the named executor under the Will.
2.Originally, there was no respondents, but thereafter a string of respondents were impleaded as Class II legal heirs. I am informed that notice had been served on all of them, but they had taken a conscious decision not to appear before this Court.
3.The petitioner was thereafter, invited to tender evidence. Accordingly, the petitioner examined herself as PW-1. The Death Certificate of her paternal aunt Poongavanammal was marked as Ex.P1. The original Will was marked as Ex.P2. The Will has been registered as Doc.No.40 of 1996 before the SubRegistrar office, Sowcarpet on 12.09.1996. The Death Certificate of K.A.Loganathan husband of Poongavanammal was marked as Ex.P3. The attesting witnesses had died and a memo to that effect had
2
C.V.KARTHIKEYAN,J.
Issues for consideration
1 issue framed by the court
Whether the petition for grant of probate of a registered Will should be allowed based on evidence of attestation despite absence of attesting witnesses.
Parties & counsel
- petitioner
C.V. Karthikeyan
- respondent
Class II legal heirs
Coram
C.V. Karthikeyan
Case details
As recorded by the court registry
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