V DAYALAN Vs. V THAYARAMMAL

JUDGEMENT

(1.) This Testamentary Original Suit has been filed, with respect to last Will and Testament dated, 10.5.1996, of B.Venugopal Naidu, who had died on 1.6.2004 at No.33, Hyder Garden, 3rd Street, Perambur, Chennai-12.

(2.) Originally, OP.No.421 of 2013 was filed, seeking probate of the last Will and Testament dated 10.5.1996 of B.Venugopal Naidu. The petition was filed under Sections 222 and 276 of the Indian Succession Act, 1925, read with Order 25 Rule 4 of the Original Side Rules.

(3.) The Petitioner, V.Dayalan, was the son of the said B.Venugopal Naidu. There were five Respondents in OP.No.421 of 2013. The 1st Respondent, V.Thayarammal was the wife of the B.Venugopal Naidu. The 2nd Respondent, V.Kasthuri, the 3rd Respondent, V.Jothi and the 5th Respondent, V.Lakshmi are the daughters of B.Venugopal Naidu and the 4th Respondent V.Pragasam was the son of B.Venugopal Naidu. This court had directed issue of notice in the said Original Petition and the 2nd Respondent, V.Kasthuri, the 3rd Respondent, V.Jothi and the 5th Respondent, V.Lakshmi registered their protest by filing a caveat and also an affidavit in support of the caveat opposing grant of probate in favour of the Petitioner. Consequently, this court by order dated, 8/8/2014, had directed that OP.No.421 of 2013 must be converted into a testamentary and original suit and accordingly, it was converted and renumbered as TOS.No.28 of 2014.