G PARAS SINGH MUNOTH Vs. GYANLATHA

JUDGEMENT

(1.) O.P.No. 434 of 2008 had been filed, seeking grant of probate under Sections 222 & 276 of the Indian Succession Act 1925, read with Order XXV Rule 4 of the Original Side Rules of the High Court, Madras, with respect to what was termed as the Last Will and Testament of S.Parasmal Jain, who died on 11.08.1986 at Guest Hospital, Chennai.

(2.) The petitioner, G.Paras Singh Munoth, was the brother-in-law of the Testator. He had been appointed as the Executor, in what was said to be the Will of S.Parasmal Jain and which was dated 14.07.1986 and which was registered as Document No. 91 of 1986 in the Office of the Sub Registrar, N.J.Hyderabad. The Testator was taking treatment as an inpatient in a hospital at Hyderabad at that particular point of time. The respondent in the Original Petition, Mrs. Gyanlatha, was the wife of S.Parasmal Jain, the Testator.

(3.) In the petition seeking grant of probate, it had been stated that S.Parasmal Jain had executed the Will in the presence of two witnesses and that the petitioner had been appointed as the Executor.