C SARADAMBAL Vs. PADMAVATHI

JUDGEMENT

(1.) THIS appeal is preferred against the order, dated 14.01.2000, made in T.O.S.No.20 of 1994, wherein a learned single Judge of this Court dismissed the suit for grant of probate.

(2.) THE case of the appellant/plaintiff was that she is the wife of the legatee S.Damodaran, in whose favour the testator E.Srinivasa Pillai executed Ex.P-1, Will, on 04.01.1978 the said Damodaran died on 03.06.1989 in testate, leaving behind her and two daughters similarly, the testator of the Will left behind him his son Damodaran and two daughters Savitri Ammal and Padmavathi the amount of assets which was likely to come into the plaintiff's hands did not exceed in the aggregate sum of Rs.35,000/- and the net amount of the said assets after deducting all items which the plaintiff was by law allowed to deduct was Rs.34,000/- the said Damodaran was enjoying the suit property and in possession to the full knowledge of his sisters, who filed O.S.No.5477 of 1990 on the file of IV Assistant City Civil Court, Madras, for partition of the suit property hence, she filed O.P.No.150 of 1993, which was converted to T.O.S., for probate of the Will.

(3.) AT this juncture, the crucial and sole point that has to be decided is, whether Ex.P-1, Will, is a true and valid document ?.