Probate petition under Sections 222 and 276 of the Indian Succession Act by the sole executor of a registered Will dated 11.11.2019. The attestor deposed to due execution before the Registrar; respondents filed consent affidavits with no cross-examination. Satisfied that the Will was duly proved, the court allowed the petition.
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O.P.No.509 of 2023
O.P.No.509 of 2023
RMT.TEEKAA RAMAN, J.
This Original Petition has been filed by the Petitioner under Sections
222 and 276 of the Indian Succession Act and under Order XXV Rule 4 of
O.S. Rules for grant of probate.
2.This matter is in connection with the testament of B.Sundari, now deceased, who died on13.08.2022 at Apollo Speciality Hospital, Chennai. The Petitioner is the sole executor under the Will dated 11.11.2019. There is
no class I heirs, the parties mentioned below are class II heirs:
| S.No. | Name | Age | Relationship to deceased |
Rank in OP |
|---|---|---|---|---|
| 1 | TajyPrasad | 83 | Brother in law | Petitioner |
| 2 | B.Sitakumar | 75 | Sister | 1stRespondent |
| 3 | B.Gopalakrishna | 82 | Brother | 2ndRespondent |
| 4 | B.Surya Narayana | 88 | Brother | 3rdRespondent |
| 5 | B.Rajanna | 98 | Brother | 4thRespondent |
3.The paper publication is effected. The class II heirs are shown as Respondents 1 to 4 in this matter.
4.When the matter is posted before the Master, the Petitioner was
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O.P.No.509 of 2023
examined as PW1 and one of the attestors was examined as PW2 and Ex.P1
to Ex.P.6 were marked, which are as follows:
| S.No | Date | Particulars | Nature | Exhibits |
|---|---|---|---|---|
| 1 | 11.11.201 9 |
Registered Will of the Testator | Original | P1 |
| 2 | 05.09.202 2 |
Death Certificate of B.Sundari | Computer Generated |
P2 |
| 3 | 19.01.202 3 |
Legal heirship certificate of B.Sundari |
Computer Generated |
P3 |
| 4 | 03.06.202 4 |
Certificate under 65-B of Indian Evidence Act, 1872, r/w.Section 63 of the BNSS Act, 2023 |
Original |
P4 |
| 5 | 03.06.202 4 |
Affidavit of assets | Original | P5 |
| 6 | 03.06.202 4 |
Affidavit of attesting witness | Original | P6 |
PW2 who is the attestor of the Will deposed that he was present at the time of presenting the Will before the Registrar Office, concerned on 11.11.2019. He further deposed that at that time the Testator, B.Sundari and Srinivasan Rajagopalachari are in sound state of mind and the Testator subscribed her name at the foot of the testamentary paper. PW2 and Srinivasan Rajagopalachari, who is another attestor also affixed the same.
5.There is no cross examination before the Master on the side of the Respondents.
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O.P.No.509 of 2023
14.08.2024
sai
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O.P.No.509 of 2023
RMT.TEEKAA RAMAN, J.
sai
O.P.No.509 of 2023
Dated: 14.08.2024
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1 issue framed by the court
Whether the registered Will dated 11.11.2019 of the deceased B.Sundari was proved in the manner known to law so as to grant probate to the executor.
1 provisions across 1 enactments
Tajy Prasad
B.Sitakumar
B.Gopalakrishna
B.Surya Narayana
B.Rajanna
RMT.Teekaa Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
