P V BHAGIRATHI Vs. SHUBHA RAO

JUDGEMENT

(1.) THIS suit has been filed for issue of a probate in respect of the Last Will and Testament dated 4.3.79 executed by P. Vadhiraja Rao, who died on 4.12.1986.

(2.) PLAINT averments are as follows: The husband of the plaintiff Dr. P. Vadhiraja Rao died on 4.12.86 at St. Isabel's hospital, Madras. He executed his last will and testament on 4.3.1979 in the presence of the witnesses. One of the attesting witnesses S. Thirunavukarasu died since then. PLAINTiff is the executor named in the Will. The testator had one son P.V. Srinivas, and one daughter Shubha, the defendant herein. During his life time, the defendant was given in marriage to Dr. B.K. Raghavendra Rao, a well settled dentist at Bangalore. At that time she was given a lot of gold jewellery, silver articles, and various other things of value. There was no occasion to probate the Will after the death of the testator, as the only two persons interested in the immovable property had no disagreements. Minor troubles have been created in the family by disputes among the family members. Hence the plaintiff wants to get a probate and discharge her duties. The testator suffered a heart ailment in 1977. In 1979, he went to U.S. and underwent treatment at enormous expenses. After his return, he did only very light work. She undertakes to duly administer the property and credits of the testator. Hence the suit.

(3.) MR. T.M. Muthukumar, son of the other attesting witness MR. Thirunavukkarusu, was examined as P.W.2. His evidence is that his father Thirunavukkarasu died in 1992. His father had signed in Ex.P1. His father had issued Ex.P2 cheque. The address and other particulars of his father under Ex.P1 are in the handwriting of his father. Dr. Vadiraja Rao was their family physician.