The High Court of Madras disposed of an original petition seeking probate of a will executed by the deceased P.Krishnan Achari. Evidence regarding the execution and attestation was recorded. The court allowed the petition and granted probate.
The Original Petition was allowed and Probate was granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
O.P.No.210 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.09.2022
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
Original Petition No.210 of 2022
Vellai Perumal
... Petitioner
Versus 1.K.Perumal 2.R.Saraswathi @ Petchiammal 3.P.Balakrishnan @ Gopi 4.R.Yogalakshmi @ Kavitha 5.S.Jaya 6.S.Vasanth @ Iyyakutti 7.M.Anandhi @ Anandajyothi ... Respondents
Prayer: The Original Petition filed under Sections 222 and 276 of the Indian Succession Act XXXIX of 1925 and under Order XXV Rule 4 of the Original Side Rules, praying that the petitioner may be allowed to prove the Will in common form and that probate thereof to have effect throughout the State of Tamil Nadu may be granted to him. For Petitioner : Mr.R.Rajesh
1/4
O.P.No.210 of 2022
ORDER
The Original Petition has been filed seeking probate of the Will of P.Krishnan Achari, who died on 30.09.2006. He had executed a Will dated 12.08.2005. The petitioner is the Executor of the said Will. The respondents are the legal heirs of the deceased P.Krishnan Achari. They had filed their consent affidavits.
marked as Ex.P1. The Death Certificate of P.Krishnan Achari was marked as Ex.P2. The Legal Heirship Certificate was marked as Ex.P3. The Death Certificates of the two of the legal heirship were marked as Exs.P5 and P6. The consent affidavits were marked as Exs.P9 –P15.
2/4
O.P.No.210 of 2022
allowed. Probate is granted. No costs.
26.09.2022
Index:Yes/No Speaking Order : Yes/No ssi
3/4
O.P.No.210 of 2022
C.V.KARTHIKEYAN,J.,
ssi
O.P.No.210 of 2022
26.09.2022
4/4
2 issues framed by the court
Whether the petitioner is entitled to be granted probate of the will of P.Krishnan Achari.
Whether the evidence produced is sufficient to prove the execution of the will.
2 provisions across 2 enactments
Vellai Perumal
1.K.Perumal
R.Saraswathi @ Petchiammal
P.Balakrishnan @ Gopi
R.Yogalakshmi @ Kavitha
S.Jaya
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
