The Suit has been filed praying for grant of Letters of Administration with the will annexed to the Plaintiff as the beneficiary under the Last Will and Testament of the deceased having effect throughout the State of Tamilnadu.

2. The averments made in the plaint are as follows-

(i) It is submitted that one Annammal, wife of Seetharama Naicker, was died on 27. 1991. At the time of her death, she left a property within the state of Tamilnadu . She resided at No.9, Othavadai Street, Nesapakkam, Chennai-78. When she executed a Will on 25. 1990, it was registered as the last will and testament of the deceased. It is duly executed that the deceased has not appointed any executor to execute the will and the Plaintiff being the sole beneficiary since the said deceased had no issues and her husband Seetharama Naicker also predeceased her at the time of executing the said Will. The testatrix of the said will died on 27. 1991. Since the plaintiff was not aware that he should obtain grant of letters of administration for the will, hence he did not approach the court. So the said delay is neither willful nor wanton.

(ii) The plaintiff is the sole surviving heir according to Indian Succession Act. The plaintiff and respondents are sisters son. The parents of the testatrix have predeceased her. Hence he filed the application for grant of letters of administration.

3. The Gist and essence of the Written Statement filed by the 1st defendant adopted by defendants 2 and 3 are as follows :

(i) The plaintiff is the elder brother and other defendants 2 and 3 are the younger brothers. They are all sons of one Manicka Naicker through his wife Mrs. Govindammal. The deceased Annammal is wife of Seetharama Naicker who is none other than the sister of defendants mother Govindammal. Annammals husband Seetharama Naicker had died at his young age and she became widow at her very young age. So the defendants father Manicka Naicker had brought the said Annammal from her matrimonial home . She led her life with the defendants. Annammal did not have any property or income through her husband Seetharama Naicker.

(ii) The property which is the subject matter of the probate proceedings of her will was purchased by the income generated from the mango business of the family. The plaintiff was not engaged in business. He was employed in Hindusthan Tele Printers as Fitter. The door No.9, Othavadai Street, Nesapakkam, Chennai-78 stands in the name of Annammal was alleged to have been purchased by the plaintiff without any approval from the other family members and plaintiff had transferred the same by virtue of terms and norms of the sale deed. Thus the plaintiff from the inception had deceived and defrauded this defendant and other family members being the other defendants who are the brothers of the plaintiff. Those properties belong to all the and defendants.

(iii) Annammal taking care all children as her own. She was given a right to purchase the property in her name in magnanimity. The property left by the Annammal shall be equally entitled to all the family members comprising other defendants and plaintiffs.

(iv) Annammal was jointly residing with defendants at the next house at Door No.10, Othavadai Street, Nesapakkam being the adjacent property and the said Annammal was cordial with the other defendants being the sisters children. The registration of the Will dated 25. 1990 was done stealthily without any knowledge of any of the family members and the plaintiff had been holding the said Will all these years knowing fully well that the said Will is a manufactured Will by the plaintiff and in any event, the said Annammal had not executed any will as alleged by the plaintiff with her own free Will and volition and the plaintiff has taking advantage of her old age and feeble state of health as she was already suffering from various diseases and her vision was completely dwindled at the time when the said alleged will was executed and the plaintiff ha