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C. V. KARTHIKEYAN
Sukanya Srinivasan – Appellant
Versus
N. S. Srinivasan (Deceased) – Respondent
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 Sr
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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