This court granted probate of the will of Mr. P. Vijaykumar on behalf of the petitioner named as Executor, finding execution and attestation proved by attesting witnesses without suspicion.
Probate of the Will in respect of the petitioner 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.384 OF 2022
O.P.NO.384 OF 2022
N.SATHISH KUMAR, J.
This Original Petition has been filed under Sections 222 and 276
of the Indian Succession Act, 1925 , read with Order XXV Rule 4 of the Madras High Court Original Side Rules, for grant of probate in respect of the last Will and Testament of the deceased Mr.P.Vijaykumar.
2.The petitioner is the Executor named in the Will executed by the deceased. The first respondent is the younger brother of the deceased; second respondent is the son of the elder brother of the deceased; third respondent is related to the deceased; fourth respondent is the son of the brother-in-law of the deceased. The testator had no issues. It is the case of the petitioner that the testator P.Vijaykumar executed a Will on 15.07.2018 in favour of the respondents. Hence, the petitioner seeks grant of probate of the Will.
3.The petitioner examined himself as P.W.1 and he has stated
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about the execution of the Will by the deceased and marked Exs-P.1 to P.9. Ex-P.1 is the photocopy of the registered Sale Deed dated 04.12.2002; Ex-P.2 is the original Will dated 15.07.2018 executed by the testator; Ex-P.3 is filed to prove the title of the property; Ex-P.4 is the computer generated death certificate of the deceased; Exs-P.5 and P.6 are the water tax receipt and EB bill. Ex-P.8 is filed to prove the assets left by the deceased; Ex-P.9 is the affidavit of assets showing the net value of the estate as Rs.31,00,000/-.
4.Mr.D.Srinivasan, one of the attesting witnesses of the Will has
been examined as P.W.2. He has stated about the execution as well as the attestation of the Will by the said Mr.P.Vijaykumar, while he was in sound state of mind in the presence of Mr.S.Parthasarathy. At the request of the testator, P.W.2 signed as first attestor to the Will. Ex-P.10 is the affidavit filed by P.W.2 in this regard.
5.Mr.S.Parthasarathy, one of the attesting witnesses of the Will
has been examined as P.W.3. He has stated about the execution as well as the attestation of the Will by the said Mr.P.Vijaykumar, while he was in sound 2/4
O.P.NO.384 OF 2022
state of mind in the presence of Mr.D.Srinivasan. At the request of the testator, P.W.3 signed as second attestor to the Will. Ex-P.11 is the affidavit
filed by P.W.3 in this regard.
6.The respondents have filed consent affidavits. The evidence of
attesting witnesses not only prove the execution but also attestation of the
Will and there is no other material to suspect the Will.
7.In view of the above facts, I am of the view that the petitioner
has proved the execution and attestation of the Will. Hence, the petitioner is entitled for the issuance of probate in favour of the petitioner.
8.The Original Petition is ordered. Grant probate of the Will in
respect of the petitioner.
18.12.2023
TK
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O.P.NO.384 OF 2022
N.SATHISH KUMAR, J.
TK
O.P.NO.384 OF 2022
18.12.2023
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2 issues framed by the court
Whether the execution and attestation of the Will by the deceased were properly proved by the petitioner.
Whether the petitioner is entitled to the grant of probate in respect of the last Will and Testament of the deceased.
3 provisions across 2 enactments
N. SATHISH KUMAR
FIRST RESPONDENT
SECOND RESPONDENT
THIRD RESPONDENT
FOURTH RESPONDENT
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
