Katherine Frederick Saldana vs Annie & Anr.

This Original Petition has been filed under Sections 222 and 276 of the Indian Succession Act, 1925, seeking grant of Probate of the Last Will and Testament dated 18.01.2016 executed by late Ambrose Saldana Frederick in favour of the petitioner, Ms. Katherine Frederick Saldana, who is the Executrix named in the Will.

The petitioner is the daughter of the deceased. The deceased died on 11.02.2025 leaving behind the petitioner, his mother Annie, the first respondent, and his wife Philomina, the second respondent. The petitioner states that there are no other legal heirs. The estate covered by the petition is valued at Rs.1,04,80,000/-.

During the pendency of the proceedings, the first respondent, Annie, died on 18.05.2026. It is also on record that the first respondent had filed her consent to the grant before her death. The second respondent, Philomina, wife of the deceased, has also filed consent affidavit stating that she has no objection to Probate being granted in favour of the petitioner.

Before the learned Master, the petitioner was examined as P.W.1. The original Will dated 18.01.2016 was marked as Ex.P1; the death certificate of the testator as Ex.P2; the Legal Heirship Certificate as Ex.P3; the documents relating to the properties as Exs.P4 to P8; and the affidavit of assets as Ex.P9.

Mr. A. Kathirvel, one of the attesting witnesses to Ex.P1 Will, was examined as P.W.2. He has categorically deposed that the testator executed Ex.P1 on 18.01.2016 in his presence and in the presence of the other attesting witness, P.K. Kannan; that both witnesses signed the Will at the request and in the presence of the testator; and that the testator was in a sound and disposing state of mind at the time of execution. His evidence thus establishes the due execution and attestation of the Will in accordance with law.

On consideration of the pleadings, the consent affidavits, the oral and documentary evidence and, particularly, the evidence of the attesting witness, this Court is satisfied that the Will dated 18.01.2016 is the Last Will and Testament of late Ambrose Saldana Frederick and that it was duly executed by him while in a sound and disposing state of mind. The petitioner is the Executrix appointed under the Will. There is no objection to the grant and no impediment to the issuance of Probate.

Accordingly, this Original Petition is allowed. Probate of the Last Will and Testament dated 18.01.2016 of late Ambrose Saldana Frederick is granted in favour of the petitioner, Ms. Katherine Frederick Saldana, as the Executrix named therein, in respect of the estate described in the Schedule to the petition, subject to compliance with the usual formalities. The petitioner shall duly administer the estate and file a true and full inventory within six months from the date of grant and render true and proper accounts within one year from the said date. No order as to costs.

P.W.1 – Ms.Katherine Frederick Saldana

P.W.2 - Kathirvel