The propounder of a Will must offer a convincing explanation of any suspicious circumstances surrounding the making of the Will, and must prove the genuineness and validity of the Will as required by law.

1. This suit has been filed for grant of letters of administration, in respect of the Last Will and Testament dated 5.4.1985, executed by Mrs.G.Nagammal who died on 14.5.1985.

2. Plaint averments are as follows:

One G.Nagammal, wife of late Gopal Reddiar died on 14.5.1985 at No. 10, 8th Street, Dasarathapuram, Saligramam, Madras-93. She executed her last will and testament and it was duly attested by the witnesses. Plaintiff is the sole beneficiary under the Will. The consent affidavit of Mr.Subramani is filed. The husband of the testatrix predeceased her, leaving his wife and his brother Kandasami Raddiar, Hence the suit.

3. In his written statement, the first defendant has alleged that Nagammal did not voluntarily execute any Will. Only through duress, coercion and fraud as well as fear administered by-the plaintiff, the writing could have been procured, which flourished as the Will of Nagammal. If Nagammal was indeed the wife, the Will of Gopal Reddiar would have referred to the same. One week earlier to the alleged execution of the Will, the judgment in O.S.No.1 1148 of 1978 was passed by the City Civil Court. The said suit was filed by Nagammal. English language was not conversant to the, testator. Thus a total suspicion shrouded in the execution. The alleged Will of Nagammal is neither true or genuine nor would the same confer any title in favour of the plaintiff. The Will must have been obtained through fraud and by exercise of undue influence. The testator was not ill at the time of the alleged execution of the Will and hence it must have been obtained through undue influence. There was already a complete disposal of the property by the Will of Gopal Reddiar himself. The execution of the Will by Nagammal is an attempt to defeat the just claims of the defendant. The Will is not valid. Hence the suit may be dismissed.

4. The defendants 2 and 3 filed a written statement contending that the testator filed a suit in O.S.No.1 148 of 1978 before the City Civil Court for a declaration that she was the legal wife of late Gopal Reddiar. The said Gopal Reddiar died leaving his last will and testament, wherein he has bequeathed his property in favour of the defendants 2 and 3. Judgment was delivered in that suit. The first defendant filed an appeal in A.S.No.793 of 1985. The Will of Gopal Reddiar was proved, in O.P.No.433 of 1994 and probate was, granted in-favour of the first defendant. The testatrix under the Will had bequeathed the properties in favour of the plaintiff and the properties were originally owned by late Gopal Reddiar and bequeathed in favour of the defendants. Nagammal had no rights in the property. She did not own or possess the properties mentioned in the affidavit of assets. The Will executed by Gopal Reddiar has been duly proved and probate was obtained. She has not filed any objection to it. The Will is a fabricated one. She would not have executed the same with full conscience and knowing the contents. The grant of probate of the Will of Gopal Reddiar has become final. Hence the suit is liable to be dismissed with costs.

5. Onthe above pleadings, the following issues were framed:

(1) Whether the Will executed by Nagammal is genuine and valid and whether she was in a sound and disposing state of mind at the time of the execution of the Will?

(2) Whether the plaintiff is entitled to the grant of letters of administration as the sole beneficiary under the Will?

(3) To what relief, are the parties entitled to?

6. ISSUES 1 to 3 :- The plaintiff has filed the suit for grant of letters of administration, alleging that Nagammal who died on 14.5.1985 had executed her Last Will and Testament on 5.4.1985 in a sound and disposing state of mind.

7. Plaintiff examined himself as P.W.1.. He would depose that the first defendant is his uncle. His aunt's name is Nagammal. Ex.P1 is the original unregistered last will and testament executed by her on 5.4.85. It is true that Nagammal has teen declared as legally