The court granted probate for a will executed by the deceased V.H. Govindammal dated 14.07.2008. Based on affidavit evidence and witness testimony confirming execution and attestation, the petitioner was found entitled to probate.
Probate of the Will in respect of the petitioner was granted.
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O.P.No.488 of 2023
O.P.No.488 of 2023
N.SATHISH KUMAR, J.
This petition has been filed under Sections 222 and 276 of the Indian Succession Act, 1925 read with Order XXV, Rule 4 of O.S. Rules, for the grant of Probate in respect of the last Will and Testament of the deceased V.H.Govindammal.
O.P.No.488 of 2023
averments made in the petition stating that the petitioner has filed this petition for the grant of probate in his favour in respect of the Last Will and Testament executed by the testatrix on 14.07.2008. Ex.P.1 is the original will dated 14.07.2008 executed by the deceased. Ex.P2 is the computer generated death certificate of Mrs.R.Rukmani. Ex.P4 is the computer generated death certificate of Mrs.P.Sasirekha. Ex.P5 is the computer generated death certificate of deceased. Ex.P8 is the original death certificate of Mr.K.Kumar. Ex.P9 is the affidavit of assets showing the net value of estate as Rs.13,10,000/-.
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O.P.No.488 of 2023
examined as P.W.2. P.W.2 in his evidence has stated that the testatrix executed his last Will and Testament on 14.07.2008 in his presence and in the presence of Mr.Krishnan and at the request of the testatrix, the said Krishnan and P.W.2 have subscribed their signatures in the presence of the testatrix. He has further deposed that while executing the Will, the testatrix was in a sound and disposing state of mind and in his presence the attesting witnesses subscribed their signature in the Will. The evidence of P.W.1 and P.W.2 not only prove execution but also attestation of the Will and there is no other materials to suspect the Will.
proved the execution and attestation of the Will. Hence, the petitioner is entitled for the issuance of probate in favour of the petitioner.
19.01.2024
dhk
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O.P.No.488 of 2023
N.SATHISH KUMAR, J.
dhk
O.P.No.488 of 2023
19.01.2024
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2 issues framed by the court
Whether the petitioner has proved the execution and attestation of the last Will and Testament of the deceased V.H. Govindammal.
Whether the petitioner is entitled to the grant of probate in respect of the will.
2 provisions across 2 enactments
N. Sathish Kumar
Unknown Respondent
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
