V LAKSHMINARAYANAN Vs. S V BALASUBRAMANIAN

JUDGEMENT

(1.) THE Original Petition in O.P.No.419 of 2006, seeking for grant of Letters of Administration of the Will, dated 18.4.1978 is converted into the Testamentary Original Suit.

(2.) IT is an admitted fact that the plaintiff and the defendant herein are sons of S.V. Venkatasubramania Dikshithar, who died on 24.4.1979. According to the plaintiff, S.V. Venkatasubramania Dikshithar executed his last Will on 18.4.1978, which was registered as Document in D.No.37/78 on the file of the Sub-Registrar, Mylapore, Chennai. The testator S.V. Venkatasubramania Dikshithar left behind his wife Mrs. Parvathy Ammal, his four sons and five daughters, who have been arrayed as petitioner and respondents 1 to 8 in the above said O.P. IT is also not in dispute that the first defendant, one of the sons of the testator filed a caveat, though other sons and daughters of the testator did not raise any objection. S.V. Janakiraman, son of the testator and all his five daughters have filed consent affidavit for issuance of Letters of Administration for the suit Will in favour of the plaintiff. Subsequently, on account of the caveat being filed by the defendant herein, the O.P was converted into Testamentary Original Suit in T.O.S. No.34 of 2006 and the caveatorS.V. Balasubramanianis arrayed as sole defendant in the suit. According to the defendant, the Will is not a true and genuine document executed by the deceased S.V. Venkatasubramania Dikshithar

(3.) ACCORDING to the plaintiff, who was examined as P.W.1, his father, S.V. Venkatasubramania Dikshithar executed Exhibit P-1, the registered Will, dated 18.4.1978. It is not in dispute that S.V. Venkatasubramania Dikshithar died on 24.4.1979 and his wife Parvathi Ammal subsequently died on 3.11.1979. Exhibit P-2 and Exhibit P-3 are the Death Extracts of S.V. Venkatasubramania Dikshithar and Parvathi Ammal. A copy of the written statement filed by the defendant in O.S.No.1681 of 2005 on the file of the XVI Assistant Judge, City Civil Court, Chennai was marked as Exhibit P- 4. In support of the case of the plaintiff, in order to establish the genuineness of the Will, all the five daughters of the testator, namely, Suseela, Kalpagam, Hemamalini, Mythili, Lalithambal and S.V. Janakiraman, one of the sons of the testator S.V. Venkatasubramania Dikshithar have filed consent affidavit, stating that the plaintiff is the sole legatee of the deceased S.V. Venkatasubramania Dikshithar under the Will. In the cross-examination, P.W.1 has stated that S.V. Venkatasubramania Dikshithar was aged about 68 years in 1978 and was in a sound disposing state of mind, while executing the Will.