P SIVASUBRAMANIAM Vs. S KARTHIKUMAR

JUDGEMENT

(1.) This suit has been filed for the issuance of a Probate in respect of the Last Will and Testament of late N. Savitri executed on 29-12-1992.

(2.) Plaint averments are as follows :The defendants are the son and daughter of late Mrs. N. Savitri. Savitri died on 5-2-1994 at No. 7, Solaiappa Naicken Street, Madras-7. The testatrix executed her Last Will and Testament on 29-12-1992 at the said address in the presence of two witnesses, who are well known to the testatrix. Plaintiff is the sole executor appointed under the Will. The testatrix died leaving behind her the plaintiff-husband, first defendant-son and the second defendant-daughter. The testatrix bequeathed four items of movable properties mentioned in the Will. Plaintiff undertakes to duly administer the properties and credits of the testatrix. Hence the suit.2-A. The second defendant filed a written statement alleging that her mother has not executed any Will during her lifetime. Plaintiff is the father of D2. The testatrix had deposits with various financial institutions including Purasawalkkam Permanent Fund. The husband of the testatrix, the plaintiff herein was attending to all these transactions and he used to take the signature of the testatrix in blank papers for the abovementioned transactions. The plaintiff has made use of those signatures after the demise of Mrs. Savitri. The testatrix was having love and affection towards D2. The second defendant married a person of her choice with the consent of her mother, which was not liked by the plaintiff. The alleged Will is a fabricated one. Mrs. Savitri was hale and healthy on 29-12-1992 and hence there is no need for her to execute a Will. The terminal benefits of an employee is not bequeathable under a Will. The alleged attesting witnesses are only friends of the plaintiff. Hence the suit may be dismissed with costs.

(3.) On the above pleadings, the following issues were framed :