R JOSEPH Vs. R ARALAPPA

JUDGEMENT

(1.) Originally the plaintiff had taken out an application under Section 276 of the Indian Succession Act for obtaining probate of the Will of his sister late Dr. R. Mariamma (hereinafter referred to as the testatrix) and on the notices issued by this Court to other heirs of the testatrix, the defendants had entered appearance and accordingly this Probate Petition was converted into Testamentary Original Suit 1/1982.

(2.) The plaintiff is the eldest brother of the testatrix and the defendants are the younger brothers of the testatrix.

(3.) The testatrix died on the 26th of November 1980 at about 4-30 A.M., while she was undergoing treatment for terminal Cancer at Ashok Nursing Home, Ulsoor, Bangalore-8. At the time of her death, she was residing at 304A, 100 Feet Road, Indiranagar, Bangalore-38. It is not in dispute that she was suffering from cancer at the time of her death and she had been treated earlier both at the Cancer Hospital in Bangalore as also at Ashok Nursing Home. Some time in the first week of November, 1980 her condition became worse and therefore she had to be under the constant care of doctors and. nurses and accordingly she was admitted again to the nursing home where she breathed her last. On the 12th of November 1980 she executed a Will bequeathing her properties movable and immovable to her eldest brother, that is, the plaintiff in this suit. She died nearly two weeks after the execution of the Will in favour of the plaintiff.