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Judgment
O R D E R
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 24.03.2017 executed by late S. Indira Devi, in favour of the petitioner, S.Chinnadurai, who is the Executor named in the Will.
The testatrix, S. Indira Devi, died on 18.05.2023 at Chennai. The petitioner and respondents 1, 2, 4 and 5 are her sons, while the third respondent, A. Lakshmi, is her daughter. Her husband, P. Sermadurai, survived her but subsequently died on 27.05.2025, after presentation of the Original Petition and before its numbering.
The testatrix executed a Will dated 24.03.2017, registered as Document No.19 of 2017 on the file of the Sub-Registrar, Kodambakkam. Under the Will, her husband, P. Sermadurai, was given a life interest, with the right to collect rents and pay taxes, without any right of alienation. After his lifetime, the petitioner and the other four sons, namely respondents 1, 2, 4 and 5, were made the beneficiaries and universal legatees. The third respondent, A. Lakshmi, though a daughter and legal heir of the testatrix, is not a beneficiary under the Will. The petitioner has been appointed as the Executor.
All the respondents have filed their respective consent affidavits, expressly stating that they have no objection to the grant of Probate in favour of the petitioner.
The petitioner was examined as P.W.1. He marked the original Will dated 24.03.2017 as Ex.P1; the death certificate of the testatrix as Ex.P2; her Legal Heirship Certificate as Ex.P3; the death certificate and Legal Heirship Certificate of P. Sermadurai as Exs.P5 and P6; and the affidavit of assets showing the net value of the estate at Rs.1,70,00,000/- as Ex.P7.
K. Balasaravanan, the first attesting witness to Ex.P1 Will, was examined as P.W.2. He has deposed that the testatrix executed Ex.P1 Will on 24.03.2017 in his presence and in the presence of the second attesting witness, R.Thangaraj; that she was in a sound state of mind and good health at the time of execution; and that both witnesses signed the Will at her request. He has also stated that Ex.P1 was registered before the Sub-Registrar, Kodambakkam.
On consideration of the pleadings, the consent affidavits filed by all the respondents, and the oral and documentary evidence, particularly the evidence of the attesting witness, this Court is satisfied that the Will dated 24.03.2017 was duly executed.
Accordingly, this Original Petition is allowed. Probate of the Last Will and Testament dated 24.03.2017 of late S. Indira Devi is granted in favour of the petitioner, S. Chinnadurai, as the Executor named therein, in respect of the estate described in the Schedule to the petition, subject to compliance with the usual formalities before the registry. The petitioner shall file a full and true inventory of the estate within six months and render true accounts within one year from the date of grant. No costs.