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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, J.
Ms. Sukanya Srinivasan – Appellant
Versus
Dr. N.S.Srinivasan (Deceased) – Respondent
O.P. No. 644 of 2023
Decided on : 11-06-2024
PROBATE - INDIAN SUCCESSION ACT - The court granted probate for the Will dated 08.07.2021 of Mrs. Vijaya Srinivasan, emphasizing the importance of attestation and sound mind during execution. The consent of legal heirs and evidence from attesting witnesses supported the validity of the Will, leading to the court's decision to allow the petition.
Fact of the Case:
The petitioner sought probate for the Will of Mrs. Vijaya Srinivasan, who passed away on 02.12.2022. The first respondent, her husband, died during the proceedings, and both daughters consented to the petition.
Finding of the Court:
The court found that the Will was duly executed with the necessary attestations and that the testator was of sound mind at the time of execution. Evidence from the petitioner and an attesting witness corroborated the validity of the Will.
Issues: Whether the Will dated 08.07.2021 was validly executed and whether probate should be granted.
Ratio Decidendi: The court held that the presence of attesting witnesses and the testator's sound mind at the time of execution are crucial for the validity of a Will under the Indian Succession Act.
Result: The Original Petition was allowed, and probate was granted for the Will, to have effect throughout the State of Tamil Nadu.
ORDER :
PRAYER: Original Petition filed under Section 222 and 276 of the Indian Succession Act, XXXIX of 1925, read with Order XXV Rule 4 of Original Side Rules to allow the petitioner herein to prove the Will dated 08.07.2021 of the deceased in common form, and that probate thereof, to have effect througout the State of Tamil Nadu, be granted to the petitioner.
The Original Petition has been filed seeking grant of probate of a Will dated 08.07.2021 executed by Mrs. Vijaya Srinivasan, who died on 02.12.2022.
2. The first respondent, who has died during the pendency of the petition, was the husband of Mrs. Vijaya Srinivasan. The petitioner and the second respondent are daughters.
3. Both the respondents have given consent affidavit. Since the first respondent died during the pendency of the petition, the petitioner had filed Application No. 88 /2024 seeking to recognise the petitioner and the second respondent as his legal heirs. Such application was also ordered on 09.01.2024. After completing due procedure, the petitioner was directed to tender evidence.
4. Accordingly, the petitioner examined herself as P.W.1 and the original Will dated 08.07.2021 executed by her mother Mrs. Vijaya Srinivasan was marked as Ex.P2, and the death certificate and the legal heirship certificate of the mother had been marked as Exs. P3 and P4. Quite apart from the petitioner, Mr. Sanjiv Arora was also examined as P.W.2, who was one of the attesting witnesses along with Mr. Karthick Selvanayagam. In his evidence, he stated that the attesting witnesses signed the Will in the presence of the executrix, who also was signed it in their presence. He also identified the Will. He also stated that Mrs. Vijaya Srinivasan was in a sound and disposing state of mind at the time of execution of the Will.
5. Taking into consideration the documents produced, the Original Petition stands allowed. Probate to be issued in accordance with rules.
The court established that a Will must be executed in accordance with the provisions of the Indian Succession Act, requiring attestation and confirmation of the testator's mental capacity.
The main legal point established in the judgment is the requirement to prove the sound and disposing state of mind of the testator in executing a Will, as per the provisions of the Indian Succession ....
The main legal point established in the judgment is the validity and execution of a Will in accordance with the Indian Succession Act, XXXIX of 1925 and the Indian Evidence Act, 1872.
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