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Judgment
ORDER
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 08.01.2024 executed by late G. Parthasarathi, in favour of the petitioner, P. Balakrishnan, who is the Executor appointed under the Will.
The petitioner is the son of the deceased. The deceased G. Parthasarathi died on 29.04.2024 at Chennai. He left behind his wife P. Kasthuri, the first respondent; his daughter S. Shanthi, the second respondent; the petitioner, his son; and his daughter P. Saroja, the third respondent, as his legal heirs. There is no other next of kin or person interested in the estate stated to be left out of the proceedings.
The deceased executed a registered Will dated 08.01.2024. Under the Will, the scheduled property was bequeathed in favour of the second respondent, S. Shanthi, and the petitioner was appointed as the Executor. Thus, the second respondent is the beneficiary under the Will.
The respondents 1 to 3 have entered appearance and filed their respective consent affidavits, stating that they have no objection to the grant of Probate.
Before the learned Additional Master, the petitioner was examined as P.W.1. The sale deed dated 22.12.2008 was marked as Ex.P1; the original registered Will dated 08.01.2024 as Ex.P2; the death certificate of the testator as Ex.P3; the Legal Heirship Certificate as Ex.P4; and the identity documents as Exs.P5 to P8. The estate has been valued at Rs.10,06,500/-.
P. Yogaraj, the second attesting witness to Ex.P2 Will, was examined as P.W.2. He has deposed that the testator signed the Will in the presence of both attesting witnesses; that his wife P. Saroja was the first attesting witness; that both witnesses were present at the execution and registration of the Will; and that the testator was in a sound and disposing state of mind at the time of execution. He has also confirmed that the petitioner was appointed as the Executor under the Will.
On consideration of the pleadings, the consent affidavits and the oral and documentary evidence, particularly the evidence of the attesting witness, this Court is satisfied that the Will dated 08.01.2024 was duly executed and attested. There is therefore no impediment to the grant of Probate.
Accordingly, this Original Petition is allowed. Probate of the Last Will and Testament dated 08.01.2024 of late G. Parthasarathi is granted in favour of the petitioner, P. Balakrishnan, as the Executor 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.