The central legal point established in the judgment is the requirement for caution in assessing the evidence related to the execution and attestation of a Will, and the disposing state of mind of the testator. The judgment emphasizes that unscrupulous attempts to raise suspicions should not render a Will ineffective.

R. Jayasimha Babu, J.

1. This appeal is directed against the judgment of the learned single Judge holding that the Will dated 2.2.1970 of late Subbu Krishna Chetty, who was an advocate practicing in this Court and who died on 16.8.1982, is not his Last Will and Testament and that the probate sought for by the executors could not be granted on the ground that the Will had not been proved to have been executed by the testator; that there had been long unexplained delay in filing the petition for probate and that an adverse inference was required to be drawn by reason of non examination of the sole beneficiary who had delivered the Will to the executors and who had taken an active part in the conduct of the case through her son.

2. The document which was propounded as the Will is a typewritten document on a plain paper. The date of execution is set out in the last paragraph. It has on it the signature of G.Subbukrishna Chetty and the signature of two witnesses vis. Krishnamoorthy.R., below whose name is mentioned advocate and G.B.Duraipathy, below whose name is stated advocate with his address at Madras. The date 2.2.1970 is mentioned against their respective signatures. The document also bears an endorsement of registration, made by the Sub Registrar at Sowcarpet, Madras, such registration having been done on 24th April, 1970. The document was registered as Document No: 13 of 1970. Below the rubber stamp "EXECUTION ADMITTED BY" is the signature of G. Subbu Krishna Chetty, s/o. Parthasarathy Chetty, Advocate, 82, Narayana Mudali Street, Madras. His signature is also found above the rubber stamp. Below that is the rubber stamp "IDENTIFIED BY", below which is found the signature of B.S.Krishnasamy Rao, Advocate, High Court, Madras.

3. That document begins with "Sri Ramajayeam" at the top. It sets out that it is the last Will and Testament of G.Subbukrishna Chetty, after which is added by hand, "son of Parthasarathy Chetty" with the initial "gs", describes him as a Hindu Arya Vysya aged 68 years and residing at No. 82, Narayana Mudali Street, George Town, Madras. The next paragraph refers to a Release Deed on 27.10.1929 executed in favour of his father under which he got House No; 83 on the same street for his share and sets out that he had parted with that house for meeting the claims of his father's creditors in or about 1930 and that his father passed away in 1938 leaving no property. The document then goes on to state that the testator's mother had died intestate in 1966 leaving him as the only heir of the property which consisted of the house in which he lived - 52 Narayana Mudali Street, which she had purchased in 1905 and a property at Tindivanam which she had got under the Will of her brother's wife as also some jewels, vessels and furniture. The bequest is then made of all those properties in favour of his daughter Kanakavalli Amma, wife of V. Subramaniam Chetty, absolutely. She was directed to pay any debts incurred by him as also the debts incurred by his father in his business as and when she finds it convenient if such of the debts had not been discharged by him during his life time. Two executors are then appointed vis. Cerra Vedachalam Chetty and Cheedella Chinnikrishna Chetty, both of whom are residents of Stroothem Muthia Mudali Street, Madras-1. The date of execution is filled in ink as 2nd day of February 1970.

4. Thepetition for probate was filed by the executors in September 1991. It was stated by them in that petition that the delay in filing the petition for probate was on account of the fact that neither the executors nor the beneficiary were aware that probate was required to be obtained and that only when a portion of the property was sought to be let out, the beneficiary was asked to get the probate of the Will. The grant of probate was opposed by one of the two sons of late Subbu Krishna Chetty viz. Janakiraman. The other son Parthasarathy accepted the Will as genuine and had filed an affidavi