1. The present Original Petition has been filed to grant probate of a Will executed by the testatrix late Mrs.Parvathi Nair on 04.07.1998 whereby she bequeathed 50% of her share in the property in favour of her son Mr. N.Padmanabhan.
2. The 50% of the balance share in the property was already in the name of her son Mr.N.Padmanabhan. The petitioner herein was appointed as the executor of the said will by the testatrix. The testatrix Parvathi Nair died on 16.11.2002 leaving behind his daughter Narayani Pillai the 1 st respondent and her son Mr.N.Padmanabhan who has since deceased on 19.02.2018. Mr.N.Padmanabhan has died intestate leaving behind his wife and son the 2 nd and the 3 rd respondent as his legal heirs.
3. The petitioner, a chartered accountant who was appointed as the executor of the aforesaid Will and was unaware of the fact the testatrix had earlier died on 16.11.2002.
4. After the death of the son of the testatrix Mr. N.Padmanabhan, the respondents came to know about the execution of the Will by the testatrix on4.7.1998 wherein the petitioner was appointed as the executor of the will. Under these circumstances the present Original Petition has been filed.
5. All the 3 respondents have filed a consent affidavit for grant of probate. There are no other legal heirs of the deceased testatrix and her son as is evident from a reading of Exhibit P6 legal heirship certificate dated 16.12.2018 of the testatrix and Exhibit P5 dated 6.7.2018 of late Mr. N.Padmanabhan.
6. In absence of any contest to the will and in the light of consent affidavit of the respondents herein, this court is convinced that the Will dated 04.07.1998 is genuine and is therefore inclined to grant probate of the Will executed by the deceased testatrix late Mrs Parvathi Nair on 04.07.1998 in favour of her son late Mr. N.Padmanabhan. Accordingly, this petition for probate of the Will dated 04.07.1998 executed by the deceased testatrix Mrs.Parvathi Pillai stands allowed as prayed for.