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2025 Supreme(Online)(MAD) 14463

HIGH COURT OF MADRAS
K.Kumaresh Babu, J
Mrs.P.K.Sakunthala – Appellant
Versus
Mrs.C.R.Shamala – Respondent


Advocates:
For the Appellants/Petitioners: M/s.M.Sridevi for M/s.Sri Shankar Associates
For the Respondents: Mr.S.Suresh

Table of Content
1. issuance of probate based on will acceptance. (Para 1 , 2 , 3)
2. evidence supporting the execution of the will. (Para 4)

O R D E R

This Original Petition has been filed for issuance of Probate for the Last Will and testament dated 01.12.2000 executed by Late.P.V.Kandaswamy, who died on 12.09.2013.

2. The first petitioner is the wife of the testator and the second petitioner and respondents are the children of the testator. The respondents have filed their consent affidavits expressing their consent for grant of probate.

3. The second petitioner has been examined as PW1. He has produced the death certificate of Late.P.V.Kandaswamy as ExP3. The original will dated 01.12.2000 as Ex.P1. The legal heir certificate of the testator as Ex.P4. On perusal of Ex.P4, it shows that the petitioners and respondents are the only surviving legal heirs of the testator. The first respondent has been examined as RW1. She has produced the affidavit of the respondents as Ex.R1 wherein all the respondents acknowledged the receipt of lump sum in accordance with the will dated 01.12.2000. The learned counsel for the petitioner has submitted the consent affidavit of the respondents to grant

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