K.K. Sasidharan, J.

1. This Testamentary Original Suit at the instance of the legatee of a Will dated 28 February 1991 executed by Smt. Rajam Sarangachari seeks a decree directing probate of the said Will.

The facts:

The plaintiff originally filed O.P. No. 136 of 2008 to grant probate of the Will stated to have been executed by his mother Smt. Rajam Sarangachari. The plaintiff contended that Smt. Rajam Sarangachari executed her last will and testament on 28 February 1991 in the presence of two witnesses. The plaintiff was appointed as the executor of the Will. The Will contained certain stipulations with regard to the disposal of movable and immovable properties left by the testatrix. The house property bearing Old No. 43-A, New No. 54, Thambiah Street, West Mambalam, Chennai was allotted to the plaintiff and his brother Thiru J.S. Sridharan/first respondent in O.P. No. 136/2008. Smt. Indhira Rajamani/second respondent in O.P. No. 136 of 2008 is the daughter of the testatrix. Respondents 3 and 4 in O.P. No. 136 of 2008/Defendants 1 and 2 in T.O.S. No. 30 of 2008 are the children born to the pre-deceased daughter of the testatrix. The testatrix wanted the executor to sell the j