PADMAVATHY AMMAL Vs. RAJENDRAKUMAR

JUDGEMENT

(1.) The original plaintiff had filed a petition under Sections 222 and 276 of the Indian Succession Act, 1995 for issuance of probate with respect to the last will and testament of J.Kannabiran, dated 09.03.1982. The said will is an unregistered one. The testator died on 05.05.1982 at Chennai. The will is said to have been executed by J.Kannabiran in the presence of witnesses, namely S.M.Murugesan and P.Periaswamy. The original plaintiff is the mother of the testator. The defendants 1 to 3 are the children of the testator J.Kannabiran, born through Kamala, who is the sixth defendant. The fifth defendant is the first wife of the testator J.Kannabiran. The fourth defendant is the brother of the testator.

(2.) According to the original plaintiff, the testator, who was her son, was married to one Ramanamma. There was no issues out of the said marriage. She lived with him for three years and later, the said Ramanamma deserted him. The deceased left behind him his mother ­ the original plaintiff and the defendants 1, 2, 3 and 6. The sixth defendant was said to have been living with him and through her, he begot three children, namely, defendants 1 to 3. According to the original plaintiff, the testator had executed the unregistered will dated 09.03.1982, bequeathing all the rights in property under the will and appointed the original plaintiff as executor of the same. Hence, the suit is filed for issuance of probate of the will.

(3.) Caveat petition was filed by the defendants 1 to 3 originally, based on which, the suit was converted into the present Testamentary Original Suit.