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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN
S. Nagarajan – Appellant
Versus
R. Kalyani – Respondent
| Table of Content |
|---|
| 1. probate application details and succession context (Para 1 , 2 , 3) |
| 2. evidence presented to support the will (Para 4 , 5) |
| 3. testamentary disposition and executor rights (Para 6 , 7 , 8) |
| 4. jurisdiction and legal consent for probate grant (Para 9) |
| 5. order granting probate (Para 10) |
ORDER :
1. This Original Petition for grant of Probate is filed under Sections 222 and 276 of the Indian SUCCESSION ACT , 1925 read with Order XXV, Rule 4 of the O.S. Rules, in respect of the registered Will of Late Tmt.Ganga Bai, W/o Late A.Subbaraya Tawker.
2. The case of the petitioner herein is that, the Testatrix Tmt.Ganga Bai died on 17/09/2005, leaving behind her husband Mr.A.Subbaraya Tawker, two sons by name, Nagarajan and Chandrasekar, the legal heirs of her pre- deceased son Ramakrishnan and a daughter by name Anuradha. Later, her husband Mr.A.Subbaraya Tawker died on 27.03.2016 and her daughter Anuradha died on 13.06.2022 leaving behind her husband and two daughters. After the demise of his father, the last Will of his mother Ganga Bai was located and found that she had executed a Will dated 05/12/1991 appointing the petitioner as Executor and got it registered at SRO, Mylapore
The court upheld the validity of the registered Will, confirming the petitioner as Executor with the consent of all legal heirs and without objection, facilitating the smooth administration of the es....
The validity of a Will can be established through proper attestation and proof of execution, allowing for the grant of Probate despite the absence of objections from potential heirs.
The authenticity of a 'Will' can be proved by examination of at least one of the two attesting witnesses, as per Section 68 of the Indian Evidence Act.
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.
Proof of a Will does not require strict evidence of death; credible testimony and circumstantial evidence can suffice to establish validity and execution, emphasizing substantial justice in probate p....
The court upheld the validity of the Will based on the evidence of an attending witness despite the absence of attesting witnesses.
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