P. R. PADMANABAN Vs. GOVINDAMMAL

JUDGEMENT

(1.) The petitioner, who is one of the sons of Late Ragaviah, who died on 12.06.1992, had filed OP No.935 of 2006, seeking Letters of Administration in respect of a Registered Will dated 03.04.1992, said to have been executed by the deceased Late Ragaviah. The wife, two sons and two daughters of Late Ragaviah have been cited as respondents in the Original Petition.

(2.) Upon service of notice, the respondents 1, 4 and 5 namely, the wife and the daughters filed a caveat opposing the grant, while the sons remained ex parte. Since a caveat was filed, the Original Petition was converted into a Testamentary Original Suit and numbered as above. Upon conversion the defendants have filed their written statement denying execution of the Will.

(3.) According to the Caveators, namely, defendants 1 to 3, the Will is a forged and fabricated instrument. It is claimed that the plaintiff took the said Ragaviah from Kilpauk General Hospital under the pretext of taking scan and in collusion with his brother-in-law V.Sampath, who also figures as the attesting witness to the Will, an employee of the KMC Hospital, took the testator to the Registrar's Office and obtained the Will. It is the further claim of the defendants that the testator was not in sound disposing state of mind at the time of execution of the Will.