The burden of proving undue influence and coercion lies on the party alleging it. The court must be satisfied by evidence to dispel any suspicious or unnatural circumstances surrounding a Will. The court cautioned against allowing suspicions and suppositions to form the foundation of the judicial verdict.

1. This suit has been filed to allow the plaintiff to prove the Will in common form and to grant the probate thereof to have effect throughout the State of Tamil Nadu to him.

2. The case of the plaintiff is that the Testratrix E.S.Nalini died on 17.10.2002 as a spinster, leaving behind 4 brothers and 5 sisters, including the plaintiff and the defendant herein. The Testatrix resided at New No.1, Old No.2, VOC Street, Rajakilpakkam, Tambaram, Chennai 600073 and possessed properties in the State of Tamil Nadu. The Testatrix executed a Will dated 18.1.2002 at Sub Registrar's Office, Mylapore, Chennai in the presence of two witnesses and the said Will was registered as Doc.No.3/2002. The plaintiff has been appointed as the Sole Executor under the said Will. The deceased bequeathed her property at Old No.2, New No.1, VOC Street, Rajakilpakkam, Chennai 600073 to E.V.Harinarayanan, S/o. E.S.Vallabhan and her shares in Sundaram Brake Linings Limited to her nephew A.Lakshminarasimhan and movable properties to various persons. In such circumstances, the Plaintiff sought for probate of the said Will.

3. The case of the defendant is that the Will was not duly executed and attested as required under law. The defendant came to know about the Will only from the legal notice issued by the plaintiff for probating the same. The Will is surrounded by suspicious circumstances. The testatrix is not the author of the statement made in the Will and they are made to suit the convenience of the perpetrators of the Will and they are not true. The property was purchased in her name with the defendant's contribution, which was admitted by letter dated 14.6.1971. The Will was executed by undue influence and coercion exercised by the plaintiff and T.S.Srinivasan, husband of one of the sisters, Padmaja Srinivasan. The Will is unnatural, unfair and unjust and it is a fraudulent document. Hence, this suit is liable to be dismissed.

4. The following issues were framed consideration :-

1. Whether the Will is true, genuine and binding?

2. Whether the Testator was in a sound and disposing state of mind, at the time of execution of the Will?

3. Whether the Will was obtained by coercion, undue influence and fraud?

4. To what relief are the parties entitled to?

5. The plaintiff was examined as P.W.1 and T.S.Srinivasan was examined as P.W.2 and both the attesting witnesses were examined as PW.3 and PW.4. On the side of the plaintiff, Ex.P1 to P4 were marked. The defendant examined herself as DW.1 and her husband as DW.2. On the side of the defendant, Ex.D1 to Ex.D27 were marked.

6. The Testatrix E.S.Nalini died on 17.10.2002 as a Spinster. She died leaving behind four brothers and five sisters. The plaintiff is one of the brothers of the testatrix. The plaintiff as petitioner filed OP.No.374/2004 for probate of the last Will and Testament citing all the surviving brothers and sisters as respondents. All brothers and sisters, except the defendant Neeraja Srinivasan, expressed their no objection for grant of probate in favour of the plaintiff. The Defendant alone filed caveat and objections, as a result of which the OP was converted into this TOS. The Testatrix died leaving behind a registered Will dated 18.1.2002 appointing the Plaintiff as the Sole Executor. According to the Plaintiff, the Will was duly executed, while she was in a sound and disposing state of mind and memory and understanding. The Will was also duly registered.

7. The Will was contested by the Defendant on the ground inter alia that the same was not duly executed and attested as required under law. The witnesses were strangers to the Testatrix and were produced by T.S.Srinivasan, one of the sister's husband. The execution of the Will was surrounded by a number of suspicious circumstances. The Testatrix was not in a sound or disposing state of mind at the relevant time. The Will is a product of undue influence and coercion exercised by the Plaintiff and T.S.Srinivasan, husband of Padmaja Sri