JAGADEESWARI THIRUNAVUKKARASU Vs. MRS MATHAVI BASKAR

JUDGEMENT

(1.) PLAINTIFF filed O.P.No.288 of 1996 for issue of letters of administration. The O.P. was converted into T.O.S.

(2.) THE case of the plaintiff is as follows:

(3.) EX.P-2 is the registered Will and it is in the handwriting of the testator. The defendant as D.W.1 also admits in her evidence that EX.P-2 is in her father's handwriting. The plaintiff as P.W.1 has spoken in her evidence that EX.P-2 is written by her father in law in his own handwriting and she came to know about the Will only after the death of her mother in law. P.W.1 further speaks in her evidence that her father in law bequeathed the properties to his grand children for the reason that his son was not provided with any property and the testator was hale and healthy during the year 1993 at the time of executing the Will. She asserts in her evidence that the Will was not brought about under influence. P.W.1 states that even after execution of the Will, the testator was healthy and running his magazine and attending all the functions and looking after his organisation. She states that the testator was not well for a month prior to his death. So, the evidence of P.W.1 is that the testator was hale and healthy and in a sound disposing state of mind while executing the Will and the Will was not brought under undue influence. The Will was executed on 25.6.1993. The testator died on 3.10.1995. So, the testator lived for more than 2 years after executing the Will. So, at no stretch of imagination, it can be contended that the testator was not hale and healthy and was not in a sound disposing state of mind and the Will was brought under undue influence.