K.C.RAJARAMAN Vs. K.MEIKANDAN

JUDGEMENT

(1.) The suit is originally filed as a petition for grant of letters of administration. As the respondents 3, 4 and 6 entered as caveators, the petition has been converted as Testamentary Original Suit.

(2.) The brief facts of the plaintiff's case are as follows: The testator Chakrapani Achari, father of the plaintiff herein, executed a Will in the presence of the witnesses on 05.05.1982 and registered the same on 07.05.1982. The petitioner found the Will recently and immediately filed an application and sought grant of letters of administration.

(3.) The case of the defendants 1 to 3 is as follows: The said Chakrapani Achari had five sons and one daughter and he has treated all his children equally and he never had an idea to bequeath his estate to any of the sons, excluding others. Therefore, the defendants denied the genuineness and validity of the Will. They also denied the testamentary capacity of Chakrapani Achari to execute the Will on 05.05.1982. According to the defendants, Chakrapani Achari was not hale and healthy to understand the terms of the Will at the relevant time. There is no necessity for him to execute the Will in favour of one son excluding all other legal heirs. Further, the delay in coming to the Court after 25 years also is one of the suspicious circumstances attached to the Will. Further, it is the contention of the defendants that the plaintiff obtained the signatures of the defendants in some blank papers on the representation that their signatures are required to obtain change in EB service connection. Hence, prayed for dismissal of the suit.