R.SRINIVASAN Vs. D.VENKATARAMANAN

JUDGEMENT

(1.) An interesting question as to whether one Will is incorporated by reference in another Will and, consequently, whether the former Will stands proved when the latter Will is proved arises for consideration in these testamentary suits. These two testamentary suits pertain to the last Will and Testament of D.Varadarajulu (Varadarajulu/testator), which is the subject matter of T.O.S. No.51 of 2018, and that of V.Sakuntala Devi (Sakuntala Devi/testatrix), which is the subject matter of T.O.S. No.29 of 2015. The testator in T.O.S. No.51 of 2018 is the husband of the testatrix in T.O.S. No.29 of 2015. One of the items of property bequeathed under the above mentioned two Wills is common and, therefore, both the suits were heard jointly and are being disposed of by this common judgment.

(2.) The relevant facts are as follows. Varadarajulu and his wife, Sakuntala Devi, had no children. Therefore, they raised Sakuntala Devi's sister's daughters, namely, D.Meenakshi (Meenakshi) and B.L. Uma Devi(Uma Devi) as their foster daughters. In addition, Varadarajulu's sister's son, R. Srinivasan (Srinivasan), lived with and looked after them. During the life time of Varadarajulu, the property bearing Old Nos.64 and 66, New No.49-B, Old Door No.4 and 5 and New No.60, Pulla Reddy Avenue, Shenoy Nagar, Chennai - 600 030 (the Shenoy Nagar Property) was purchased in the joint names of Varadarajulu and Sakuntala Devi on 22.05.1956 and the sale deed was registered as Document No.657 of 1956 at the Office of the Sub Registrar, Madras West. The three children of Meenakshi, namely, D. Venkataramanan, D.Parthasarathy and D. Vishnupriya, and her husband, Dakshinamoorthy, are the Plaintiffs in T.O.S. No.51 of 2018 and Srinivasan is the Defendant. In turn, Srinivasan is the Plaintiff in T.O.S. No.29 of 2015 and the aforesaid three children of Meenakshi are the Defendants therein. Apart from the Shenoy Nagar Property, Sakuntala Devi inherited and owned a property at Door No.28, Temple Street, Alagappa Nagar, Kilpauk, Chennai-600 010, comprising about 4 grounds and 400 square feet of land and the house constructed thereon (the Kilpauk Property).

(3.) The Plaintiffs in T.O.S. No.51 of 2018 propound a Will of Varadarajulu, which is stated to be executed on 21.10.1981, and registered as Document No.54 of 1981 with the SRO, Periamet. According to the Plaintiffs in T.O.S. No.51 of 2018, the Shenoy Nagar Property was purchased entirely out of the funds of Varadarajulu. Under this Will, the testator had bequeathed the said property to his wife, Sakuntala Devi, to enjoy during her life time. After her life time, the first floor portion bearing Door No.4, Pulla Reddy Avenue and the open ground therein together with the staircase was bequeathed absolutely to Varadarajulu's sister's son, Srinivasan. The ground floor bearing Door No.5, Pulla Reddy Avenue and the ground and garage was bequeathed absolutely to Meenakshi, the mother of the Plaintiffs in T.O.S. No.51 of 2018. Varadarajulu passed away on 27.01.1982 at the above mentioned property where he was residing. The Plaintiffs in T.O.S. No.51 of 2018 state that the Will of Varadarajulu was in the possession of Sakuntala Devi. She died on 02.04.2011 at Selvarangam Hospital, Anna Nagar, Chennai. Thereafter, Meenakshi passed away on 14.11.2006 leaving behind the Plaintiffs in T.O.S. No.51 of 2018 and her husband as her surviving legal heirs. The Plaintiffs were in the process of taking steps to obtain letters of administration in respect of the Will of Varadarajulu after the death of Sakuntala Devi. At that time, they received a notice from Srinivasan in Application No.69 of 2012 seeking a citation for production of the Will dated 10.05.2002 of Sakuntala Devi. On receipt of such notice, the Plaintiffs became aware that Sakuntala Devi had executed a Will dated 10.05.2002, which was registered as Document No.82 of 2002 with the SRO, Anna Nagar. The Plaintiffs obtained a certified copy of the Will of Varadarajulu, thereafter, because they do not have the original. The Will of Sakuntala Devi refers to Varadajulu's Will dated 21.10.1989 and also acknowledges the genuineness and validity of the said Will. In these facts and circumstances, T.O.S. No.51 of 2018 was filed.