N STHIRASUNDARI Vs. V KALYANI

JUDGEMENT

(1.) HEARD Mr. K. M. Vijayan, learned Senior Counsel for the applicants and Mr. R. Yashod Vardhan, learned Senior Counsel appearing for the respondents.

(2.) THE Testatrix, who served as an high ranking Civil servant in the Central Government and the wife of a freedom fighter Late N. Krishnaswamy, (who was incarcerated along with the freedom fighter like Sri. Jamanlal Bajaj), left a Will on her own accord and bequeathed substantial portion of the properties to the Cancer Institute at Chennai. THE executors of the Will filed a Original Petition before this court for the grant of probate as soon as the death of the testatrix on 15. 9. 2005. THE O. P. which was presented before this Court on 7. 12. 2005 was admitted on 24. 3. 2006. On notice, the respondents 1, 4 and 5 have filed consent affidavits, expressing no objection to the grant.

(3.) IT is against the grant of Probate, these two applications were filed one for the revocation of the probate and the other for the stay of all further proceedings. The first applicant is 87 years old and the second applicant is 80 years old as on date.