The court can compare signatures in a will to determine its genuineness, and the propounder of the will is entitled to probate if they can prove its due execution.

D.HARIPARANTHAMAN, J.

1. The first respondent herein filed Original Petition in O.P.No.303 of 1988 under Sections 222 and 276 of the Indian Succession Act for grant of probate of the last Will and testament dated 22.05.1986 of Mrs.Jagadambal. The respondents 4 to 6 as well as late Mr.C.S.Saravanan filed caveat and objected for grant of probate in favour of the first respondent. In these circumstances, the said Original Petition was converted and registered as Testamentary Original Suit in T.O.S.No.9 of 1991. In the suit, the first respondent herein was the plaintiff and the respondents 4 to 6 herein and the deceased Mr.C.S.Saravanan were the defendants. On the death of Mr.C.S.Saravanan, the appellants herein, who are the sons of the deceased Mr.C.S.Saravanan, were impleaded as defendants 5 and 6. The respondents 2 and 3 herein were impleaded as plaintiffs 2 and 3 in the suit.

2. The testatrix Mrs.Jagadambal is the wife of one Mr.Subramani Mudaliar and the said Subramani Mudaliar predeceased her. Mrs.Jagadambal had four sons and three daughters born through Mr.Subramani Mudaliar. The four sons are, (i) Mr.C.S.Sampath Kumar (ii)Mr.C.S.Duraivelu (predeceased Jagadambal) (iii) Mr.C.S.Sivaprakasam (iv) Mr.C.S.Saravanan and the three daughters are, (i) Mrs.Amirthavalli (ii)Mrs.Vatchala (iii) Mrs.Jothi

3. Mrs.Jagadambal owned four items of immovable properties and she did not own any other property. Those four properties are at (i) Door No.42 to 50, Bazaar Street, Villivakkam, Chennai -49. (ii) Door No.49 to 57, Red Hills Road, Villivakkam, Chennai -49. (iii) Door No.21, 5th Street, Villivakkam, Chennai -49. (iv) Pallam of an extent of 0.35 cents in Villivakkam Village bearing Survey No.276/1, Chennai -49.

4. Mrs.Jagadambal executed a Will on 22.05.1986, bequeathing all the four properties mentioned above, to all the male-heirs of her sons and daughters. As one of the daughters viz., Mrs.Vatchala did not have male issue, she was made as one of the beneficiaries in the Will. The Will was attested by two witnesses viz., (a) Mr.R.Kumar and (b) Mr.P.K.Sivanandam, who were the family friends of Mrs.Jagadambal. Later, the Will was registered in the office of the Sub-Registrar, Ambattur on 23.05.1986. Mr.K.R.Shanmugham Mudaliar, the son-in-law of Mrs.Jagadambal, (i.e. the husband of Mrs.Amirthavalli) and his daughter -Ms.Shanthi were the witnesses for the registration of the Will. Mr.Krishna Kumar, grandson of Mrs.Jagadambal, born through her daughter Mrs.Amirthavalli and Mr.Ravi Kumar, grandson of Mrs.Jagadambal, born through her son Late Mr.Durai Velu, were the executors of the Will. After execution and registration of the will, Mrs.Jagadambal died on 30.11.1986.

5. The male-heirs of the sons and daughters, who are the beneficiaries under the Will, are given below:-i) Sons of Mr.C.S.Sampath Kumar 1) C.S.Nanda Kumar 2) C.S.Bala Kumar ii) Sons of late Mr.C.S.Duraivelu 1) C.D.Suresh Kumar 2) C.D.Ravi Kumar 3) C.D.Ramesh Kumar 4) C.D.Mahesh Kumar iii) Sons of Mr.C.S.Sivaprakasam 1) C.S.Rajendran 2) C.S.Vijaya Kumar 3) C.S.Srinivasan 4) C.S.Murali 5) C.S.Damodaran 6) C.S.Arumugam (minor at the time of execution of the Will) iv) Sons of Mr.C.S.Saravanan 1) C.S.Deva Kumar 2) C.S.Sethu v) Sons of Mrs.Amirthavalli

w/o Mr.K.R.Shanmugham Mudaliar 1) K.S.Krishna Kumar 2) K.S.Udaya Kumar vi) Sons of Mrs.Jothi w/o Mr.A.Marikrishnan 1) M.Shankar 2) M.Murughavel (both were minors at the time of execution of the Will)

6. As stated above, Mr.Krishna Kumar has filed the Original Petition in O.P.No.303 of 1988, praying for grant of probate in his favour, as Mr.Ravi Kumar relinquished his right as executor. As there were objections, the Original Petition was converted as Testamentary Original Suit.

7. Mr.Krishna Kumar, son of Mrs.Amirthavalli as well as Mr.Shankar and Mr.Murughavel, sons of Mrs.Jothi were the plaintiffs. Mr.C.D.Suresh Kumar son of late Mr.Durai Velu, Mr.C.S.Sampath Kumar, Mr.C.S.Sivaprakasam and Mr.C.S.Saravanan sons of Mrs.Jagadam