PUSHPA BALA JAGAM Vs. K ANANDA KUMAR

JUDGEMENT

(1.) The appeal filed against the order dismissing the suit in T.O.S. No. 40 of 1993. The plaintiff, who filed a petition under Sections 222,255 and 276 of the Indian Succession Act, 1925 to grant probate, which was converted into testamentary original suit, is the appellant before this Court.

(2.) The appellant claims that she is 2nd wife of one K. Jagam who died on 27.12.1982. The 2nd respondent is the first wife and the respondents 1 and 3 are her children. The appellant has a son named K. Deepak through the said Jegam. According to her, while the said K. Jagam, was taking treatment in the General Ward of the Government General Hospital, Chennai, executed his last Will and Testimony dated 18.12.1982 in the presence of two attest- ing witnesses, bequeathing the suit property in favour of her son K. Deepak. The appellant attempted to obtain Letter of Probate and since the respondents filed caveat, the original petition was converted into Testamentary Original Suit. The respondents resisted the claim of the appellant by stating that the said Jagam never executed a Will. They have also pleaded undue influence and coercion. However, they denied the relationship of the appellant with the deceased.

(3.) On the above averments, the learned single Judge framed issues for determination and on the basis of oral and documentary evidences found that the Will sought to be proved by the executrix is shrouded with suspicious circumstances. Further found that undue influence has also been brought on the testator to script the Will. Therefore, held "though the subject Will was executed by K. Jagam on 18.12.1982 in a sound and disposing state of mind, it had been executed in a suspicious circumstance with full participation of the propounder who had brought on undue influence on the testator to execute the Will."