D AMIRTHALINGAM Vs. SANTHAKUMARI

JUDGEMENT

(1.) THE plaintiff originally filed O.P.635/87 for the issue of probates in respect of the last Will and Testament executed by has mother Kuppulakshmi Ammal. As the defendant filed caveat, the O.P. was converted into T.O.S. and numbered as T.O.S. 33/88.

(2.) THE plaintiff's case is his mother died on 17.5.83 at Padma Clinic Nursing Home, Madras. At the time of her death, she was residing with the plaintiff at No. 7, New No. 10, Telegraph Abboy Naidu Street, Madras. 1. THE said Kuppulakshmi Ammal duly executed a Will and Testament at Madras on 11.3.1966 and the plaintiff has been appointed as the executor in the said Will. THE plaintiff was not aware that the Will has to be probated. Only at the time of filing the petition, he came to know that the probate is to be obtained. Hence there is some delay in filing the petition, for seeking for probate.

(3.) THE following issues arise for consideration; (1) Whether the Will dated 11.3.1966 is forged and prepared by the plaintiff as alleged in the written statement" (2) Whether the deceased testatrix was not of sound mind at the time of execution of the Will as alleged in the written statement" (3) To what relief are the parties entitled to"