S THIRUNAVUKKARASU Vs. B KANDASUAMY REDDY

JUDGEMENT

(1.) THIS suit has been filed for grant of letters of administration, in respect of the Last Will and Testament dated 5.4.1985, executed by Mrs.G.Nagammal who died on 14.5.1985.

(2.) PLAINT averments are as follows:

(3.) PLAINTIFF examined himself as P.W.1.. He would depose that the first defendant is his uncle. His aunt's name is Nagammal. Ex.P1 is the original unregistered last will and testament executed by her on 5.4.85. It is true that Nagammal has teen declared as legally wedded wife of Gopal Reddiar in O.S.No. 11148 of 1978. Gopal Reddiar prior to his death has not executed a Will in favour, of the first defendant. At the time of Gopal Reddiar's death, he was with him. Ex.P2 is the original death extract in respect of Gopal Reddiar while Ex.P3 is that of Nagammal. His father furnished a consent affidavit stating that he has no objection for grant of letters of administration to him. Ex.P4 is the said consent affidavit. Ex .P5 is the affidavit submitted by one of the attesting witnesses Mr.Kannappan. Ex P6 is the affidavit of Mr.A.D.Sankar, the other attesting witness. The testatrix was in a sound and disposing state of mind at the time of execution of the Will.