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2024 Supreme(Online)(MAD) 1852

HIGH COURT OF MADRAS
Honourable Mr Justice C.V. KARTHIKEYAN
Mr.K.S.Sundar – Appellant
Versus
Mrs.Swarna Subramanian and another – Respondent


O R D E R

The petition has been filed seeking probate of the Will dated

04.02.2003 executed by Mr.K.S.Subramanian, who died on 22.11.2007.

He was the father of the petitioner and the 2nd respondent and husband of the 1st respondent.

2. It is stated that both the respondents/mother and sister of the petitioner have also given their consent affidavit for grant of probate in favour of the petitioner herein.

3. After following due procedure, the petitioner was directed to tender evidence and accordingly, the petitioner examined himself as P.W.1. He marked the original Will dated 04.02.2003 as Ex.P1 and death certificate of his father as Ex.P2 and english translation of the death certificate as Ex.P3. This is required since Mr.K.S.Subramanian died in Madhya Pradesh. The legal heirship certificate of Mr.K.S.Subramanian was marked as Ex.P4. The document relating to the property was marked as Ex.P6. The petitioner also examined Mr.M.Bharathwajan as P.W.2. He was one of the attesting witness and identified Ex.P1, the Will and also stated that it was signed by Mr.K.S.Subramanian in his presence and in the presence of the other attesting witness and that they also signed it in the presence of Mr

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