In a probate proceeding, the court is only concerned with the genuineness and due execution of the will, not with determining the question of title to the suit property.

1. This Application has been filed praying this Court to implead the Application herein as respondents 5 & 6 in the above O.P. No. 842 of 2012.

2. Heard the learned Counsel appearing for the Applicants.

3. The Original Petition has been filed by Jayanthi Iyengar and the Respondent in the Original Petition are the brothers and sisters of the Petitioner. The Original Petition is filed for grant of Letters of Administration in terms of Sections 232 & 26 of the Indian Succession Act based on the Will dated 16.6.2000. In that proceedings, the present Application has been filed by one K. Karthik and K. Deepak, S/o Kalaivanan, represented by the power of Attorney, Kalaivanan. They want to implead themselves in the said proceedings.

4. In the Affidavit filed in support of this Application, by the clearly Power of Attorney on behalf of the two Applicants, he clearly states that they are third parties to the original Petition. Insofar as the estate of late P.D. Rajagopalan, deceased is concerned, all that the Applicants in the implead Application claim is that they were treated by the deceased P.D. Rajagopalan as his own grandsons and he did not have contact with any blood relations and by registered Will dated 12.11.1977, the said Rejagopalan bequeathed the said property in favour of K. Nalini-mother of the Applicants. Thereafter, by two gift Settlement Deeds dated 24.8.2000, it is Stated that P.D. Rajagopalan gifted/settled half share undivided share of the property in favour of the 1st Petitioner and other half share in favour of the 2nd Petitioner and the said Settlement Deeds are registered as Nos.2555/2000 & 3556/2000 at Kodambakkam Sub-Registrar Officer. It is further pleaded that in the Gift Settlement Deeds, the said Late Rajagopalan revoked his registered Will dated 12.9.1977 registered in favour of Nalini and the possession of the property was handed over to the Applicants. It is not in dispute that P.D. Rajagopalan died on 6.11.2000 at the residence of the First Petitioner and the last rites were performed by the First Petitioner. It is the further claim of the Applicants that they filed O.S. No. 866/02 on the file of the City Civil Court for permanent injunction and there is also an Interim Order in favour of the Applicants, which has been made absolute.

5. The cause of action for filing the present Application is as follows:

“6. I submit that during trial in the abovesaid Suit, the Applicants herein came to know that after the death of Mr. P.D. Rajagopalan, the First Respondent herein (Petitioner in the above O.P. No. 842 of 2012) has forged Mr. P.D. Rajagopalan’s signature and has created a Will, as if he has bequeathed the abovesaid property in her favour.

7. On enquiries I have come to know that the First Respondent herein filed the above O.P. No. 842 of 2012 seeking grant of Letters of Administration with respect of a Will, alleged to have been executed by the abovesaid P.D. Rejagopalan on 16.6.2000 in favour bequeathing the abovesaid property in her favour.

8. I submit that the Will dated 16.6.2000 in respect of which the First Respondent herein has applied for Letters of Administration, is not a genuine one. I submit that the said Will dated 16.6.2000 is a forged one. Therefore, the above O.P. No. 842 of 2012 is liable to be dismissed.

9. I submit that under the facts and circumstances stated above, being absolute owners of the property covered under the alleged Will, the Applicants herein are proper and necessary parties to the above O.P.No.842 of 2012. It is therefore just, proper and necessary that the Applicants herein be impleaded as Respondents Nos. 5 & 6 in the above O.P. No. 842 of 2012 as otherwise they will be put to irreparable loss and injury.”

Therefore, the present Application is filed praying to implead the Petitioner in the Original Petition.

6. This is resisted by the respondent herein and the Petitioner in the Original Petition, who has filed a detailed Counter, which of course, u