P KOTTEESWARAN Vs. A SHANMUGAM

JUDGEMENT

(1.) THE plaintiff filed the Petition in O. P. No. 145 of 2000 for grant of Probate of the Will dated 23. 2. 1990 and the Codicil dated 7. 9. 1997, executed by the Testatrix-Smt. D. Jagadambal. At the instance of two of the respondents and the third defendant herein, this Court by Order dated 20. 6. 2001 converted the Original Petition into the Testamentary Original Suit.

(2.) THE plaintiff has stated that he and the respondents 1 and 2 in the Petition are the sons of Paramasiva Mudaliar, the brother of the Testatrix-Smt. D. Jagadambal and the respondents 3 and 4 are the sons of Natesa Mudaliar, who is the Testatrix's husband's younger brother and the respondents 5 and 6 are the sons of Annamalai Mudaliar, who is the Testatrix's husband's elder brother and the Testatrix owned the properties in the Schedules A to E and she executed a registered Will, dated 23. 2. 1990, bequeathing the properties in Schedules A and B in favour of her brother-Paramasiva Mudaliar, the father of plaintiff and respondents 1 and 2 in the Petition; the properties in Schedules C and D in favour of respondents 3 and 4 in the Petition and the property in Schedule E in favour of Annamalai Mudaliar, the father of respondents 5 and 6 in the Petition and after execution of the Will, the Testatrix's brother-A. Paramasiva Mudaliar and the Testatrix's husband's younger brother-S. Annamalai Mudaliar passed away and the Testatrix executed a Codicil, dated 7. 11. 1997, bequeathing the properties in Schedules A and B in favour of plaintiff and the respondents 1 and 2, who are the children of Paramasiva Mudaliar, in whose favour she bequeathed those properties under the Will and under the Codicil, she also bequeathed the properties mentioned in Schedules C and D in favour of respondents 3 and 4 in the Petition and the property mentioned in Schedule E has been bequeathed in favour of respondents 5 and 6, who are the sons of Late Annamalai Mudaliar, the Testatrix's husband's elder brother and under the Codicil, the plaintiff has been appointed as the Sole Executor to administer the estate of the Testatrix. It is further stated by the plaintiff that the Testatrix Smt. D. Jagadambal passed away on 16. 3. 1998 and the Testatrix had declared in the Codicil that she had borrowed monies from M/s. S. P. M. Textiles, No. 5, Shanmugam Road, Tambaram, Chennai-45 and the beneficiaries under the Will should liquidate the liabilities in equal shares and on such payments, they shall be entitled to enjoy the properties absolutely and she had also stated that in the event of failure to discharge the liabilities, there shall be a charge over their shares to that extent and the plaintiff undertook to duly administer the properties and credits of the Testatrix Smt. D. Jagadambal by paying her debts and make a full and true inventory thereof and exhibit the same before this Court within six months from the date of grant of probate to him and also render a true account of the properties and credits within one year from the said date and he has sought for proving the Will in common form and for grant of probate.

(3.) DEFENDANTS 1 and 2 were set ex-parte.