K.SAMPATH Vs. I.DEVALOACHANI

JUDGEMENT

(1.) The petitioner sought for issuance of Letters of Administration with a copy of the Will annexed for the Will of Chandra Bai dated 01.12.1993. The Will was Registered in the office of the Sub Registrar, Anna Nagar. The testator Chandra Bai died on 13.10.2006, leaving behind two sons and two daughters, one of the sons K.Rose, died on 15.10.2008. His wife and daughters filed a Caveat, opposing the Original Petition, hence they were made as defendants in the suit. The daughters of Chandra Bai namely I.Devalochani and C.Nirmala have filed their consent affidavits expressing their No objection for grant of Letters of Administration in favour of the petitioner.

(2.) Since, the legal representative of deceased K.Rose, one of the sons of Chandra Bai opposed the original petition in O.P.No.717 of 2010, the Original Petition was converted in to testamentary Original Suit in T.O.S.No.42 of 2013. The defendants filed a written statement contending that the Will is not genuine. They had pointed out the following as suspicious circumstances:

(3.) During trial, the Plaintiff was examined as P.W.1 and one of the attesting witnesses/daughter of Chandra Bai was examined as P.W.2. The Original Registered Will dated 01.12.1993 was marked as Ex.P1; the Death Certificate of Chandra Bai was marked as Ex.P2; the Legal Heirship Certificate was marked as Ex.P3; the Death Certificate of the deceased son K.Rose was marked as Ex.P4; the Paper Publications were marked as Exs.P5 and P6; P.W.1 the plaintiff had filed Proof affidavit reiterating the averments made in the petition. Even in the proof affidavit he has clearly stated that the Will was prepared at the office of his counsel in Ayanavaram, Chennai and the same was registered in the office of the Sub Registrar, Anna Nagar. Though P.W.1 has been extensively cross examined, nothing has been brought about in his cross examination so as to discredit his evidence.