Purshottam, In re [2026] FJHC 18; HPP120.2025 (21 January 2026)

IN THE HIGH COURT OF FIJI
AT SUVA
PROBATE JURISDICTION

HPP Action No. 120 of 2025

IN THE MATTER of the ESTATE OF RAMAMMA

late of Tonson Place, Weymouth, Auckland, New Zealand, Retired, Testate.

AND

IN THE MATTER of Section 6 (A) 1 and (2) of the Wills Act 1972.

EX PARTE:
PURSHOTTAM also known as PURSHOTTAM KRISHNA
of 244 Habourside Drive, Karaka, Auckland, New Zealand, Accountant.
APPLICANT

Before: Hon. Mr. Justice Thushara Rajasinghe

Counsel: Ms. P. Kumar for Plaintiff

Date of Hearing: 26^th November 2025
Date of Judgment: 21^st January 2026

RULING

1. The Applicant filed this Originating Summons under Section 6A of the Wills Act, seeking the following orders:
   1. A declaration that the document dated 13 November 2021 is the Last Will and Testament of Ramamma, Deceased of 18 Tonson Place, Weymouth, Auckland, New Zealand.
      
   2. A further declaration, the document dated 13 November 2021, may be

admitted for the purposes of the grant of Probate in the Estate of Ramamma, Deceased of 18 Tonson Place, Weymouth, Auckland, New Zealand.

3. Such further order and/or relief that is deemed just and expedient by this

Honourable Court,

2. The Summons is accompanied by an affidavit of the Applicant and an affidavit of Navy Jot Kaur Singh, the sole witness to the said document dated 13 November 2021, which sets out the factual background of this application.
   
3. Ramamma died on 23 December 2021, leaving seven biological sons, all of whom made separate declarations stating that the said document dated 13 November 2021 constitutes the last Will of their mother, Late Ramamma. According to the Affidavits, the granddaughter of Late Ramamma drafted the said document and explained it to her in both English and Hindustani, which she understood well. Navy Jot Kaur Singh, the daughter-in-law of the Late Ramamma and the Applicant's wife, witnessed the said document.
   
4. The only reason this document does not fall within Section 6 of the Wills Act is that it has not been witnessed by two persons.
   
5. Having considered the two affidavits and the documents annexed to them, I am satisfied that this document, dated 13 November 2021, constitutes the testamentary intention of Late Ramamma, and that she intended it to be her Last Will.
   
6. In conclusion, I make the following orders:
   

1. The document dated 13 November 2021 is the Last Will and Testament of Ramamma, Deceased of 18 Tonson Place, Weymouth, Auckland, New Zealand.
   
2. The document dated 13 November 2021 is admitted for the purposes of the grant of Probate in the Estate of Ramamma, Deceased, of 18 Tonson Place, Weymouth, Auckland, New Zealand.
   

...................................................

Hon. Mr. Justice R. D. R. T. Rajasinghe

At Suva
21^st January 2026

Solicitors:
Shelvin Singh Lawyers for Applicant.