HIGH COURT OF MADRAS
K.Kumaresh Babu, J
R.Balakrishnan – Appellant
Versus
Smt.R.Visalam – Respondent
ORDER
This Original Petition has been filed for issuance of Probate for the Last Will and testament dated 31.03.2015 executed by Late.K.V.Ramamurthi, who died on 28.04.2021. The petitioner has been appointed as executor under the Will.
2. The petitioner is the son of the testator and the respondents are the wife and children of the testator. The petitioner and the respondents 2 to 5 are the beneficiaries under the Will.
3. The petitioner has examined himself as PW1. He has produced the death certificate of testator as Ex.P4. The legal heirship certificate of the testator as Ex.P5. The original registered will and testament dated 31.03.2015 as Ex.P3. The respondents 1 to 5 have been examined as RW1 to RW5 and marked their consent affidavit as Ex.R1 to Ex.R5.
4. Mr.N.Srinivasan, who was the second attesting witness to the said Will has been examined as PW2. The attesting witness had spoken about the execution of the Will by the testator and its attestation by him and marked his affidavit as Ex.P8.
5. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.
6. In view of the said
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