M ANUSUYA Vs. M SHEELA

JUDGEMENT

(1.) Originally, the plaintiff filed a petition Under Sections 222 and 276 of Indian Succession Act, 1925 for grant of probate. As the defendant filed caveat, the petition was converted into Testamentary Original Suit.

(2.) The plaintiff has contended that M. Harish, who is the son of the plaintiff and husband of the defendant, executed his last registered Will dated 26.6.1996 appointing the plaintiff as executrix. M. Harish died issueless. The plaintiff and the defendant are the only legal heirs. The plaintiff undertakes to duly administer the property and credits of the said M. Harish. Therefore, she seeks for grant of probate.

(3.) The defendant has contended in the written statement that the marital relationship between her husband and herself was quite cordial and she discharged her conjugal duties to her husband. The plaintiff did not permit the husband of the defendant to move about freely. The defendant looked after the plaintiff even when she was hospitalised for removal of womb in the month of January 1999. The testator was taking some pills on daily basis. The defendant has come to understand that her husband had been availing of his leave due to his ill health eversince he joined service on compassionate grounds in Chennai Port Trust. Her husband never informed about the execution and registration of the Will. She presumes that her husband has been pressurized by the plaintiff and her people to execute the said Will with false allegations against the defendant. The defendant signed in blank papers on account of the pressure mounted by the plaintiff and thereafter, as directed by the plaintiff, she left the matrimonial home and joined her parents. The Will was not executed out of free consent . of the testator. The Will is also not genuine. Therefore, the suit may be dismissed.