O.P.No.199 of 2023

O.P.No.199 of 2023

N.SATHISH KUMAR, J.

This petition has been filed under Sections 222 and 276 of the Indian

Succession Act, 1925 read with Order XXV, Rule 4 of O.S. Rules, for the

grant of Probate in respect of the last Will and Testament of the deceased

Gyanchand Jain.

2. The case of the petitioner is that the petitioner is the executor

named in the Will. The first respondent is the adopted son of the testator

and the second respondent is his daughter. The testator Gyanchand Jain

died on 08.05.2022. The deceased executed his last Will and Testament

dated 14.03.2022. The mother of the testator predeceased him. There is no

other kin or persons interested who has to be impleaded. The amount of

assets which is likely to come into the petitioner's hands does not exceed in

the aggregate sum of Rs.66,96,27,631/- and the net amount of the assets,

after deducting all items which the petitioners are by law allowed to deduct

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O.P.No.199 of 2023

is of the value of Rs.66,96,07,631/-. Both the respondents have filed

consent affidavits for grant of probate in favour of the petitioner. The

petitioner undertake to duly administer the property and credits of the

deceased Gyanchand Jain and in any way concerning the Will by paying

first her debts and then the legacies therein bequeathed so far as the assets

will extend and to make a full and true inventory thereof to the Court within

six months from the date of grant of Probate to the petitioner and also to

render to this Court a true account of the said property and credits within

one year from the said date.

3. The petitioner examined herself as P.W.1 and she had narrated the

averments made in the petition stating that the petitioner has filed this

petition for the grant of probate in her favour in respect of the Last Will and

Testament executed by the testator on 14.03.2022. Ex.P.1 is the computer

generated death certificate of the deceased Gyanchand Jain. Ex.P.1 indicate

that the deceased died on 08.05.2022. Ex.P.2 is the computer generated

legal heir certificate of the testator. Ex.P.2 shows that the petitioner and the

respondents are the surviving legal heirs of the testator. Ex.P.3 is the

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O.P.No.199 of 2023

original registered Will dated 14.03.2022 executed by the deceased

Gyanchand Jain. Ex.P.4 is the affidavit of assets showing the net value of

the estate as Rs.66,96,07,631/-. Ex.P.5 and Ex.P.6 are the consent affidavits

filed by the respondents.

4. The second attesting witness of the Will dated 14.03.2022 has

been examined as P.W.2. In his evidence, he has stated that the testator

executed his last Will and Testament on 14.03.2022 in his presence and in

the presence of one Ashok Kumar. At the request of the testator, they have

subscribed their signatures in the presence of the testator. He has further

deposed that while executing the Will, the testator was in a sound and

disposing state of mind and in his presence the attesting witnesses

subscribed their signature in the Will. The affidavit of the attesting witness

has been marked as Ex.P.7. The evidence of P.W.1 and P.W.2 not only

prove execution but also attestation of the Will and there is no other

materials to suspect the Will.

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O.P.No.199 of 2023

5. In view of the above facts, I am of the view that the petitioner has

proved the execution and attestation of the Will. Hence, the petitioner is

entitled for the issuance of probate in her favour.

6. The Original Petition is ordered. Grant probate of the Will in

respect of the petitioner.

21.11.2023

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O.P.No.199 of 2023

N.SATHISH KUMAR, J.

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O.P.No.199 of 2023

21.11.2023

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