S GOVINDARAJ Vs. K R RAMAMANI

JUDGEMENT

(1.) THE respondents herein who are the executors appointed under the will of Mrs. Vijaya Sadasivam filed the above original petition under S. 222 and 276 of the Indian Succession Act, hereinafter referred to as the Act for grant of probate of the will and codicil in common form. On 8.3.1991, I passed the following order in the original petition ?THE matter relates to the last will and testament of the late Mrs. Vijaya Sadasivam. THE petitioners are the executors appointed under the will executed by the said testator. THE testator died on 22.11.1989 at Madras. She executed a will dated 2S. 6.1987 at Madras in the presence of witnesses and she also executed a codicil on 18.7.1989 in the presence of witnesses. As stated above, under the will dated 25.6.1987, the petitioners have been appointed as executors. THE first petitioner is a leading membe r of this Bar and the second petitioner is the son in law of the deceased; THE deceased died leaving behind the following 1 to 4 as legal heirs:

(2.) IT is stated in the affidavit that the will said to have been executed by their mother was not at all a genuine document and has been brought about at the instance of Chitrakala Govindasamy, who is their sister and her husband Brig. Chandar Govindaswami, who is one of the petitioners in the main original petition and also their father, S.T. Sadasivam. IT is also stated that the petitioners have already issued a legal notice on 13.10.1990 through their Advocate, questioning the genuineness of the Will and Codicil and it has also been stated in the said notice which was received by the respondents herein on 16.10.1990 that the Will and the codicil have been obtained by force and undue influence much to the dislike of their mother Vijaya Sadasivam.

(3.) HENCE it is a case where the parties contesting the grant of probate already made are no other than the son and daughters of the deceased Testator. The reason they allege against the Will and codicil are that they were brought about at the instance of their father, their sister and her husband, the second petitioner in the original petition who are ill-disposed towards them and that the will and codicil have been brought about and that the same had been filled up in a blank paper obtained from their mother. Other serious allegations have also been made.