T S SRIDHARAN Vs. JOHANNA LOBO (DECEASED)

JUDGEMENT

(1.) The Original Petition has been filed for grant of Probate in respect of the Will stated to have executed by Dr.L.C.Lobo on 26.10.1994 appointing the plaintiff, practising lawyer as one of the executors and the 7th defendant as another executor in respect of the property known as "Foxholes" measuring about 9.0800 grounds. 1st defendant is the wife of the testator Dr.L.C.Lobo. Defendants 2 to 6 are the nephews and nieces of the said Testator. In the written statement, defendants 2 to 6 objected the suit, taken a defence to the effect that the signature in the Will, supposedly executed by the deceased differs from what his usual signature used to be and the genuineness of the Will is also disputed. The recitals in the Will contained strange dispositions contrary to any normal intention of a man aged 67 years and the recitals are contrary to the facts. Even though the Will dated 26.10.1994 was executed by the Testator, he was under the direct influence of Mr.Davis Thomas, the co-executor mentioned in the Will and the other executor being the plaintiff.

(2.) The testator was under the direct influence of the co-executor/beneficiary during the last years of his life. The said Davis Thomas frequently used to visit the testator and his aged wife at their residence under the pretext of attending to their personal needs. The testator had substantial funds of his own and also had access to huge amounts of unutilised funds, in his capacity as executor of his mother's and his father's estates, of which the testator was an executor and the defendants 2 to 6 were the beneficiaries. The said Davis Thomas with the intention of generating huge investments for M/s.Metro General Credit Pvt. Ltd.,had succeeded in influencing the testator to invest large amounts of the above said funds, substantial amount of which 2nd defendant is beneficiary to, into his said company. It is also apparent that the said David Thomas succeeded to have also influenced the testator in the execution of the Will.

(3.) The above things verified by Clause 3 of the Will. Said clause contains a stipulation that after the death of the testator's wife Mr.Davis Thomas shall have the right of residence for his lifetime and that of his wife. During this time, the rental which shall be paid to the Little Sisters of the Poor, shall be Rs. 1,000/- per annum. The Will further mentions that on the death of the other executor, i.e, the plaintiff herein, his son Mr.Vikram Raghavan shall be executor and trustee in place of his father. That if Mr.Raghavan is for any reason unable to act as executor and trustee, his function will be exercised by the senior partner of M/s.Pais, Lobo, and Alwares. It is further mentioned that the second executor, the Plaintiff herein, shall be entitled to an honorarium of 5% of the net income of the estate.