The court granted probate of a registered Will executed by a spinster, B.Banumathy, to her sister B.Kirthika named as executor, after hearing evidence from attesting witnesses. One brother was set aside ex parte while others consented.
Probate of the Will dated 11.07.2019 granted to the petitioner as executor.
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O.P. No. 488 of 2021
C.V.KARTHIKEYAN, J.
O.P. No. 488 of 2021
The Testatrix, B.Banumathy died on 26.09.2019 as a spinster and
she had executed a Will dated 11.07.2019 and the said Will had been registered as Document No. 30 of 2019 in the office of the Sub-Registrar, Purasawalkam, Chennai. Since she died as a spinster, her brothers and sisters are before this Court seeking probate of the Will. She has named the petitioner, her sister B.Kirthika, PW-1 as the Executor of the Will. The respondents are other brothers and sisters. The second respondent viz., B.Rengarajan, one of the brothers had decided to abstain from appearing before this Court and had been set exparte. The other respondents have filed their consent affidavits. This petition has been filed seeking probate of the said Will.
11.07.2019 was marked as Ex.P1. The death certificate of B.Banumathy was marked as Ex.P2. The parents and another brother of the Testatrix
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O.P. No. 488 of 2021
had pre-deceased her and their death certificates were marked as Ex.P4, Ex.P5, Ex.P6. The death certificate of R.Kumar, husband of the 5th respondent was also marked as Ex.P10. The legal heirship certificate of the mother, viz., B.Savithri was marked as Ex.P9. The consent affidavits of the respondents 1,3,4,5,6 and 7 were marked as Ex.P16 to Ex.P21.
20.09.2022
Maya
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O.P. No. 488 of 2021
C.V.KARTHIKEYAN, J.
Maya
O.P. No. 488 of 2021
Dated : 20.09.2022
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1 issue framed by the court
Whether probate of a registered Will should be granted since the testatrix died unmarried.
B.Kirthika
B.Rengarajan
CV Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
