ROBERT PRABHAKAR Vs. DAVID EBENEZER

JUDGEMENT

(1.) PLAINTIFF is the executor named in the Will executed by Mrs. D. Logambal which is her last Will and testament. The deceased left behind her husband G.Dyvadheenam and sons G.David Ebenezer and Robert Prabhakar the plaintiff herein. The amount of assets which are likely to come to the hands of the plaintiff does not exceed in the aggregate of a sum of Rs.27,300 and the net amount of the said assets after deducting all items which the plaintiff, by law, is allowed to deduct is of the value of Rs.26,300. The plaintiff undertakes to duly administer the property and credits of late D.Logambal and make a full and true inventory thereof. Hence, the plaintiff has come forward with this suit for probate of the Will.

(2.) THE defendant filed written statement contending as follows: THE will propounded by the plaintiff is not a genuine one. THE deceases Logambal was actually bedridden. She did not execute the Will of her own. THE Will is not in the handwriting of the deceased and the deceased was not fluent in English. THE defendant was not provided with any property and there was no reason or provocation for the deceased to eliminate the defendant completely from the picture. THE other property owned by the mother was sold by the parents and even the sale proceeds nor any portion thereof did not reach the defendant. It is strange that the plaintiff who is the main beneficiary under the Will is appointed as the Executor of the Will. THE same is very unnatural, unreal and against law. Even the two attesting witnesses viz. R.Paul Victor Samuel and K.Yegambaram are none else than the brother-in-law and friend respectively of the plaintiff. If really the Will was a true and genuine one, the father of the parties, Dyvadheenam who was very much alive at that time should have taken the lead in execution of the Will and he should have made all preparations and be the main attesting witness of the document. THE surrounding circumstances are very much against the Will and it is unnatural. THE signature was obtained in blank paper and the contents of the Will was obviously filled up subsequently and it is revealed on the very look of the document. THEre is no signature in the second page of the Will. THE Will was not at all executed by the testatrix while she was in a sound disposing state of mind. THE Will is unnatural. THEre is no detail with regard to jewels left by the deceased. THE suit is liable to be dismissed.

(3.) LEARNED counsel for the defendant submitted that Ex.P-1 Will discloses that the testatrix had signed only in the first page.