J.S. VASUDEVAN Vs. R. MURARI

JUDGEMENT

(1.) This Testamentary Original Suit at the instance of the legatee of a Will dated 28 February 1991 executed by Smt. Rajam Sarangachari seeks a decree directing probate of the said Will.

(2.) The respondents 3 and 4 in O.P. No. 136 of 2008 (who are the defendants herein) contested the Will resulting in converting the Original Petition into one of Testamentary Original Suit. Defence.

(3.) The first defendant filed a written statement disputing the execution of the Will. According to the first defendant, the testatrix was not in a sound and disposing state of mind while executing the Will. The Original Petition for grant of probate was filed long after the period of limitation. According to the first defendant, the plaintiff fabricated the Will to grab the property from the legal representatives of Smt. Rajam Sarangachari, who died intestate on 24 January 2001.