G. Chockalingam, J.

1. T.O.S. No. 22 of 2007 is numbered on conversion of O.P. No. 607 of 2007, praying that Letters of Administration with a Will annexed, may be granted to the plaintiff as the legatee under the Will of the deceased Saraswathy, having effect limited to the State of Tamil Nadu.

2. The case of the plaintiff in T.O.S. No. 22 of 2007 is that Tmt. Saraswathy died on 01.10.2005 and she was ordinarily residing at New No. 21 (15), Bharathiyar Street, Murugappa Nagar, Choolaimedu, Chennai - 600 094. The deceased, at the time of her death, left immovable property within the limits of the jurisdiction of this Court. The writing hereto annexed, now shown to the plaintiff and marked with letter "A" is the last Will and testament of Tmt. Saraswathy, W/o. Senthararaikannan, the mother of the plaintiff herein. It is the further case of the plaintiff that the said Will was duly executed by the deceased at Choolaimedu, Chennai on 10.08.2005 in the presence of witnesses, whose names appear at the foot thereof. Under the said Will, dated 10.08.2005, the deceased has not appointed any executor in the Will. The testatrix signed in all the pages of the Will. The plaintiff communicated the message about the Will executed by the deceased Tmt. Saraswathy to the second defendant herein, but he has not communicated to the remaining three defendants about the Will of the deceased. The plaintiff undertakes to duly administer the property and credits of the said Saraswahy, deceased, in any way concerning her Will by paying first her debts and then the legacies therein bequeathed so far as the assets will extend and to make a full and true inventory thereof and exhibit the same in this Court with the Will annexed and also to render to this Court true account of the property and credits within one year. It is the further case of the plaintiff that the amount of assets which are likely to come into the plaintiff's hands, does not exceed in the aggregate sum of Rs. 10,60,000/-. The plaintiff has impleaded all the next of kin and other persons interested to be impleaded. It is the further case of the plaintiff that the deceased has left behind the following heirs at the time of her death:

(i) K. Senthamaraikannan (husband) (second defendant);

(ii) S. Bharathi Dasan (son) (first defendant);

(iii) Tmt. Kannagi (daughter) (third defendant);

(iv) S. Palani (son); (plaintiff) and

(v) Tmt. Saroja (daughter) (fourth defendant).

It is the further case of the plaintiff that no application has been made to any District Court, to delegate or to any other High Court for the probate of any Will of the deceased or Letters of Administration with or without the Will annexed of her property and credits. It is further stated by the plaintiff that the said late Tmt. Saraswathy bequeathed her immovable assets situated in Choolaimedu, Chennai, to the plaintiff herein. Hence, the plaintiff prays for the above said relief in T.O.S. No. 22 of 2007.

3. The first defendant in T.O.S. No. 22 of 2007 has filed written statement stating that the suit is neither maintainable in law nor on facts. The prayer of the plaintiff for the grant of Letters of Administration of the Will alleged to have been executed by Smt. Saraswathy Ammal is neither valid in law nor on facts. The first defendant denies the execution and genuineness of the Will. The plaintiff has come out with false and forged Will. The first defendant further states that his mother Smt. Saraswathy Ammal executed an irrevocable settlement deed on 22.07.2002 in his favour and plaintiff in equal shares in respect of the property bearing Door No. 21, Bharathiyar Street, Chennai-600 094, vide Registered Doc. No. 2753/03. The recitals in the deed clearly contained that the possession had been handed over to the settlees. It is further stated by the first defendant that the settlor authorised the the plaintiff and the first defendant to change patta, electricity and Corporation taxes in their names. The first defendant be