AUGUSTIONS Vs. JOSEPH

JUDGEMENT

(1.) Appellant -plaintiff in O.S. No. 4 of 1994 did not succeed in obtaining letters of administration in respect of Ext.Al Will dated 17-12-1981 executed by his father Chacko. Therefore, this appeal.

(2.) The said Chacko died on 3-1-1985. Later, in the year 1994, the appellant applied for letters of administration invoking Section 312 of the Indian Succession Act. His three brothers and two sisters were arrayed as respondents in the said petitions. In the mean time, another sister Brijitha expired on 4-12-1988. There were no other legal representatives to the testator than the plaintiff and the respondents.

(3.) Respondents 2 and 3 contested the Will contending that their father had not executed Ext. A1 Will/Thereupon, O.P. No. 12 of 1994 was converted as a suit. Evidence was let in by either side. Execution of the Will was attempted to be proved through PW2 the attester to the Will satisfying the requirement under Section 63 of the Indian Succession Act and Section 68 of the Indian Evidence Act. The testamentary capacity was sought to be proved by the evidence of plaintiff himself as PW1 who was residing with the testator and PW2, the attester to the Will. Ext. A2 is the death certificate of the testator.