Sufficient proof has to be adduced for grant of Letters of Administration by propounder of Will.

M. Thanikachalam, J.

The unsuccessful first respondent in T.O.S.No.10/91, unable to resist the claim of the petitioner/plaintiff/the first respondent herein, who sought for, grant of letters of administration, in respect of the Will dated 4.7.1974, executed by one Lakshmi Bai, is the appellant.

2. Brief facts leading to the grant of letters of administration are as follows:

(a) Tmt. Lakshmi Bai, who died on 22.6.1981 had executed a Will on 4.7.1974, at Madras, in favour of the plaintiff/first respondent herein, which was her last Will, attested by one Kanmani and A.T. Venkatesan. The plaintiff/first respondent is the step sister of the executant, Tmt. Late Lakshmi Bai. Out of love and affection, she executed the Will in favour of the plaintiff/first respondent, cancelling the previous Will executed by her, in favour of Vasudevan, and another previous Will in favour of Kannan Lal Prasad.

(b) The plaintiff/first respondent herein filed a suit in O.S.NO.886/1993, on the file of the District Munsif Court, Villupuram, against the tenant of the property, by name Kannan, on the basis of the Will, which was exhibited there as Ex.A1. But, the said suit was dismissed on the ground that the Will was not probated.

(c) The plaintiff/first respondent's husband was not well and the first respondent was also under bed rest, from September 1984 to June 1989, which prevented her, from filing the petition or to take steps, to probate the Will, and the delay was not wanton.

(d) Lakshmi Bai had executed the Will, while she was in a sound disposing state of mind, under which the plaintiff/first respondent was given, the right of management over the properties, covered under the Will, as well as the properties described in the petition. As per the Will, the plaintiff/first respondent alone has to continue the Dharmam, charges and others are not entitled to be in management of the properties. The appellant herein also filed a suit against the plaintiff/first respondent and other respondents, questioning the validity of the Will. Under the above circumstances, it is prayed, that letter of administration, should be granted for the administration of the estate, according to the Will.

(e) The appellant in her written statement, branding the Will dated 4.7.1974, as a rank forgery had stated that the plaintiff/first respondent is not the sister of the deceased Lakshmi Bai, that according to the Trust deed, the plaintiff/first respondent cannot be one of the persons, who can manage the Trust, since she is a stranger to the family, that the execution, attestation, registration of the Will are all surrounded by suspicious circumstances, which should be cleared by the petitioner, before she obtains any order, that the explanations for not taking steps to get the Will probated are all imaginary, that the plaintiff/first respondent could not have born to Rajaram Prasad and that under the terms of the Will dated 26.3.1941 executed by Rajaram Prasad, a life estate was given to his daughter, Lakshmi Bai and after her life time to her heirs, which could not be curtailed by the fabricated Will.

(f) The respondents 2 to 6 herein, disputing the Will projected by the plaintiff/first respondent, reiterating the history of the Trust, its obligations, and duties would contend, that except these respondents, nobody is having any right, title or interest what so ever, for carrying on the administration of the properties of Lakshmi Bai, including the plaintiff/first respondent herein and that since the Will itself is a forged one, the plaintiff/first respondent is not entitled to claim any relief, under the guise of Will, preventing the lawful successors, to inherit the estate.

3. The learned Single Judge, on the basis of the pleadings, had framed the following issues, for consideration and they are:

1. Whether the Will dated 4.7.1974 is genuine, true and invalid?

2. Whether the petitioner is entitled to Letters of Administration?

3. To what relief the petitioner is entitl