GEORGE Vs. ELIZABETH

JUDGEMENT

(1.) The third defendant in O. S. No. 9/88 on the file of the District Court, Ernakulam is the appellant. The petition filed by the 1st respondent for the issue of Letters of Administration was converted into a suit O. S. No. 9/88. The court below decreed the suit. Aggrieved by the above judgment and decree, the third defendant preferred this appeal.

(2.) The allegations in the plaint are the following:

(3.) Defendants 1, 4 and 6 to 9 appeared through counsel, but did not file any written statement. The third defendant alone contested the matter by filing a written statement. Third defendant contended that the will had come into existence due to the undue influence of the plaintiff who was residing with the deceased at the time of his death and the testator had no free mind to execute the will. The third defendant was not aware of the existence of any will executed by his father. The terms and conditions of the will were unnatural and it was executed under the undue influence of the plaintiff with a view to get a substantial portion of the property. No property was bequeathed to the wife of the testator and also to the three eldest sons viz. defendants 3, 5 and 6. The legacy of defendants 7 and 8 when compared with that of the plaintiff was very little. Normally a Christian daughter would be married off at the expense of her father and immovable properties would be given to the sons. two acres and 45 cents of properties allotted to the plaintiff was given in possession to the 3rd defendant by the testator in 1965 for making improvements in the property and the above property is now allotted to the plaintiff. It would reveal that the testator was not conscious about the acts. There was only one attesting witness to the will and as such it was not a legally executed will.