ERUMBI SANTHANAM VALLABHAN Vs. ERUMBI SANTHANAM NEERAJA

JUDGEMENT

(1.) This suit has been filed to allow the plaintiff to prove the Will in common form and to grant the probate thereof to have effect throughout the State of Tamil Nadu to him.

(2.) The case of the plaintiff is that the Testratrix E.S.Nalini died on 17.10.2002 as a spinster, leaving behind 4 brothers and 5 sisters, including the plaintiff and the defendant herein. The Testatrix resided at New No.1, Old No.2, VOC Street, Rajakilpakkam, Tambaram, Chennai 600073 and possessed properties in the State of Tamil Nadu. The Testatrix executed a Will dated 18.1.2002 at Sub Registrar's Office, Mylapore, Chennai in the presence of two witnesses and the said Will was registered as Doc.No.3/2002. The plaintiff has been appointed as the Sole Executor under the said Will. The deceased bequeathed her property at Old No.2, New No.1, VOC Street, Rajakilpakkam, Chennai 600073 to E.V.Harinarayanan, S/o.E.S.Vallabhan and her shares in Sundaram Brake Linings Limited to her nephew A.Lakshminarasimhan and movable properties to various persons. In such circumstances, the Plaintiff sought for probate of the said Will.

(3.) The case of the defendant is that the Will was not duly executed and attested as required under law. The defendant came to know about the Will only from the legal notice issued by the plaintiff for probating the same. The Will is surrounded by suspicious circumstances. The testatrix is not the author of the statement made in the Will and they are made to suit the convenience of the perpetrators of the Will and they are not true. The property was purchased in her name with the defendant's contribution, which was admitted by letter dated 14.6.1971. The Will was executed by undue influence and coercion exercised by the plaintiff and T.S.Srinivasan, husband of one of the sisters, Padmaja Srinivasan. The Will is unnatural, unfair and unjust and it is a fraudulent document. Hence, this suit is liable to be dismissed.