JUDGMENT :

V. Ramasubramanian, J.

1. The probate granted by the District Court in respect of two last Wills and Testaments, one by the father and another by the mother, having been set aside by the High Court in an appeal under Section 384 of the Indian Succession Act, 1925 (hereinafter referred to as "the Act"), one set of legatees claiming under the Will have come up with the above appeal.

2. We have heard Mr. V. Prabhakar, learned counsel for the appellants and Mr. Jayanth Muthraj, learned senior counsel appearing for the respondents.

3. The couple, Mannar Reddiar and Adhilakshmiammal had two sons by name V.M. Chandrasekaran and V.M. Sivakumar and a daughter by name Kalavathy.

4. The mother Adhilakshmiammal died on 14.08.1995. She left behind a Will dated 30.01.1995, bequeathing the properties purchased by her and the properties which she got from her maternal uncle, in favour of her two sons. The daughter Kalavathy was not given any share, on the ground that she had already been provided sufficiently.

5. The father Mannar Reddiar died on 08.08.2000. He left behind a Will dated 10.12.1998 bequeathing his properties in favour of his two sons and his grandchildren. The daughter Kalavath