ANBALAGAN Vs. DAKSHINAMOORTHY

JUDGEMENT

(1.) There was one Kannaiyan. He had four sons and three daughters. They are i) Dakshinamoorthy, ii) Nadanam, iii) Anbazhagan, iv)Natarajan and the daughters were i) Kokilam, ii) Vasuki and iii)Lakshmi. The properties are self-acquisitions of Kannaiyan. Kannaiyan executed a "WILL" on 27/5/1992, giving a life estate to his wife Radha Ammal and absolute estates of specified properties divided under the "WILL" to his sons and his daughter Lakshmi and granddaughter through Nadanam, Tmt.Latha. He did not grant any properties to Kokilam and Vasuki on the footing that they had been well provided for by him during his life time.

(2.) Soon after execution of the "WILL", Kannaiyan died on 03. 07.1992 and his wife Radha Ammal took properties in exercise of her right as life estate holder under the "WILL". Having taken the properties as a life estate holder, she executed a "WILL" on 30/11/2002 changing the manner of division that had been given by Kannaiyan in his "WILL" dtd. 27/5/1992. After having executed the "WILL" on 30/11/2002, Radha Ammal passed away on 22/6/2006. The suit in O.S.No. 50 of 2007 came to be filed on 3/1/2007 seeking for the following reliefs:

(3.) A written statement was presented to the plaint denying the execution, attestation and validation of the "WILL" executed by Radha Ammal and in any event, the defendants pleaded Radha Ammal did not have the right to change the device of the "WILL" executed by Kannaiyan.