Proof of will-To be proved by existing witnesses present at the time of execution.

1. The petitioner has filed this petition for grant of letters of administration in respect of the Will dated 7. 1974 executed by one Lakshmi Bai.

2. The main averments found in the petition/plaint are as follows:

The testatrix Lakshmi Bai was residing at C4, R.K. Puram. Mambalam, Madras. On 7. 1994, while she was in a sound and disposing state of mind had executed the last Will and testament duly attested by one D. Kanmani and A.T. Venkatesan. The Will was registered before the Sub-Registrar, T.Nagar and those two witnesses signed as identifying witnesses before the Sub-Registrar. Those two attestors are now dead. The testatrix Lakshmi Bai died on 26. 1981. The petitioner is the step sister of Lakshmi Bai and out of love and affection for the petitioner the testatrix had executed the said Will bequeathing the properties in favour of the petitioner. Earlier, Lakshmi Bai during her life-time executed a Will on 110. 1955 in favour of one Vasudevan and the same was cancelled on 1. 1970. Even earlier to that, she executed a Will in favour of one Kannam Lal Prasad on 23. 1941 which was cancelled on 110. 1965. The first respondent is the daughter of the said Kannam Lal Prasad. In respect of the said property, the petitioner has filed in O.S.No. 886 of 1983 on the file of the District Munsif, Villupuram against one Kannan who was a tenant for recovery of Rs. 1125. In the said suit, the Will was produced as Ex.A.1 and the suit was dismissed since the Will was not probated. The Court held that the will was validly executed, but it could not be acted upon as it was not probated. The first respondent has filed in O.S.No. 1420 of 1986 on the file of the sub Court Villupuram. The petitioner had filed a written statement basing on her title and rights on the basis of the Will. The respondent Nos.2 to 6 have filed in O.S.No. 58 of 1980 on the file of the sub-Court, Villupuram. The petitioner was given the right of amendment over the properties covered under the Will and also the properties covered in the Annexure to this petition. As per the Will, the petitioner has to continue the Tharmam or Charities as stated in the Will. Hence the petition/suit.

3. The main averments found in the written statement filed by the 1st defendant are as follows:

The Will dated 7. 1974 does not bear the signature of Lakshmi Bai and what is found there in is a forged one. In the first Will dated 23. 1941 Lakshmi Bai has signed in Tamil and in the 2nd Will dated 110. 1955 she has signed in English and in the Will in question she has signed in English. Lakshmi Bai was the only daughter of Rajaram Prasad and so the petitioner cannot be the sister of Lakshmi Bai. The petitioner’s mother is a Naidu lady who was not married at all. The petitioner is married to a Chr istian and according to Trust deed the cannot be one of the persons who can manage the Trust. One of the attestors of the Will dated 7. 1974 is said to be the brother of the petitioner Vasanthy and the other is a total stranger to the family. There was no necessity for Lakshmi Bai to go to Madras and execute the Will for the properties situate within Villupuram District. The execution, attestation and registration of the document are all surrounded by suspicious circumstances. The 1st Respondent has filed a Suit in O.S.No. 142 of 1986 on the file of the Sub-Court, Villupuram to frame a scheme in respect of Kema Bai trust and the petitioner is 19th defendant in the said suit. Though she appeared in the said suit, written statement was not filed and she was set ex parte on 10. 1987. In O.S.No. 886 of 1983 on the file of the District Munsif, Villupuram none of the defendants herein were made as parties and the said suit filed against the tenant for recovery of Rs. 1, 125 was dismissed. Rajaram Prasad father of Lakshmi Bai executed the Will on 26. 1939 and died on 20.8.1939. The petitioner who was aged about 47 years in 1990, could not have been the daughter of Rajaram Prasad. In the previous two