P. ELUMALAI Vs. J. SURESH

JUDGEMENT

(1.) O.P.No.530 of 2012 was filed for grant of letters of administration with respect to the Will, dated 30.11.2011 was converted as T.O.S. in view of the caveat filed by the second respondent.

(2.) The case of the plaintiff is that the testatrix Mrs.J.Emrose was married to his elder brother P.Janaki Raman and they had two sons and two daughters. The said Janaki Raman died on 15.07.1979. The plaintiff was married to the sister of the testatrix in the year 1976. However, she left the matrimonial home on her own and they had no issues. Hence, the plaintiff continued to live with his elder brother family even after his death.

(3.) The plaintiff would further state that the testatrix Mrs.J.Emurose died on 31.01.2012. The children of the testatrix got married and started living separately, but the plaintiff continued to take care of the deceased till her last breath. The testatrix executed the Will at Chennai on 03.11.2011 in the presence of the witnesses in respect of the properties possessed and owned by her and the plaintiff is the beneficiary under the Will.