M. Sathyanarayanan, J.

1. Thiru. K. Ramalingam filed O.P. No. 240 of 2002 for grant of Letters of Administration in respect of the Will dated 16.03.1998 executed by his mother Tmt. M. Dhanabakkiam Ammal in his favour and in the said petition, caveat was lodged by the second respondent namely Tmt. J. Anjalai younger sister of the petitioner and therefore, it was converted and registered as T.O.S. No. 22 of 2005. The second respondent in O.P. No. 240 of 2002 filed O.P. No. 385 of 2002 praying for issuance of Letters of Administration in respect of Will dated 18.05.1994 executed by her mother Tmt. M. Dhanabakkiam Ammal in her favour and the second respondent in the said Original Petition has lodged a caveat and therefore, the said Original Petition was converted and registered as T.O.S. No. 25 of 2005.

2. The pleadings in T.O.S. No. 22 of 2005 are as follows:-

2.1. The plaintiff, namely Thiru. K. Ramalingam would aver that his mother late Tmt. Dhanabakkiam Ammal ordinarily reside at Door No. 65, 10th Street, Sowrashtra Nagar, Choolaimedu, Chennai-94 and she died on 04.10.1998 and at the time of her demise, she left behind the above said house property which falls within the jurisdiction of this Court. It is further averred that Tmt. Dhanabakkiam Ammal, while was alive, has executed a Will dated 16.03.1998 at her residence, which was registered as Doc. No. 29 of 1998 on the file of the Sub Registrar Office at Kodambakkam in the presence of witnesses, whose names appear at the foot of the Last Will and Testament. As per the Will it has been stated by Tmt. Dhanabhakkiam Ammal that out of wedlock she begot two sons, namely Palani and Ramalingam and two daughters, namely Rajeswari and Anjalai and one of the daughter, namely Rajeswari got married and predeceased the plaintiff without any issue and her husband also predeceased her. The plaintiff would further aver that under the Will, the deceased has not named anybody as Executor and named the plaintiff as Sole Legatee and beneficiary and he undertakes to duly administer the property and further given usual undertaking and prayed for probating the Will and stated that he was not able to probate immediately, because the Original Will was misplaced and prayed for issuance of Letters of Administration in respect of the said Will.

2.2. The defendant, namely Anjalai filed a written statement denying the averments made in the plaint and she would state that the Will dated 16.03.1998, said to have been executed by Tmt. Dhanabakkiam Ammal in favour of Ramalingam, is not a genuine one and she apprehends that it is a forged and fabricated one. It is further averred by the defendant that it is also doubtful whether the deceased Tmt. Dhanabakkiam Ammal personally went to the Registrar Office on 16.03.1998 to execute the Will. It is admitted that the Suit Property is the self acquired property of Tmt. Dhanabakkiam Ammal, however there is no reason or compelling circumstances for her to bequeath the property in favour of Ramalingam as he was not caring or maintaining the deceased during her last days and she was maintained by the defendant only and due to the said fact and love and affection shown by her, Tmt. Dhanabakkiam Ammal executed a Will dated 18.05.1994 in her favour and having come to know of such execution, the plaintiff Ramalingam has created a Will dated 16.03.1998 with a view to deprive her the benefits of the Will. It is further stated in the written statement that the plaintiff was aware of the filing of O.P. No. 385 of 2002 by the defendant, but he has made a false declaration that no application has been made for the issue of Letters of Administration and the delay in approaching the Court for probating the Will/issuance of Letters of Administration was due to the fact that the plaintiff has created the Will dated 16.03.1998 in his favour and prays for dismissal of the Suit.

3. The pleadings in T.O.S. No. 25 of 2005 are as follows:-

3.1. The plaintiff, namely Anjalai would aver