The burden of proof on the propounder, the reasons for disinheriting legal heirs, and the fulfillment of legal requirements for attestation and execution of the Will are crucial in determining the genuineness and validity of a Will.

The Testamentary Original Suit is filed by the plaintiff for issuance of Letters of Administration for the Will and testament of deceased K.S.Kothandaraman, executed on 23.12.1985. The testator died on 22.11.1992 leaving behind the plaintiff and defendants 1 to 6 as legal heirs. The seventh defendant is the daughter-in-law of the testator, being the wife of one of the sons whose where about not known, namely, K.Narasimhan. The testator was possessed of immovable property consisting of house and ground within the limits of Chennai. It is stated that the movable assets had already been settled by the testator himself. So far as the property under the Will is concerned, it was allotted by the Tamilnadu Housing Board and the sale consideration was payable in installments to the Housing Board. The mother and wife of the testator Rukmani died on 13.03.2000. The fourth son namely Mr. Narasimhan is said to have abandoned the house 15 years back and his whereabouts were not known. Hence, the seventh defendant, namely, Lakshmi, who is his wife, has been impleaded as party to the proceedings. As per the Will executed by Testator, the plaintiff is the sole beneficiary. The plaintiff had to continue to pay the sale consideration in installments payable to the Tamilnadu Housing Board after the death of the testator. It is stated in the plaint that the testamentary original suit was filed for letters of administration after the period of installments is over. Hence, there was a delay in seeking Letters of Administration of the Will dated 23.12.1985.

2. Though the Original Petition was filed for Letters of Administration, in view of caveat filed by defendants 1, 3 and 8, it was converted into T.O.S.No.20 of 2010.

3. A joint written statement was filed by the said caveators opposing the grant of Letters of Administration in favour of the plaintiff. It is contended that the testator was affectionate to all the members of the family and there is no reason to exclude all of them and executed the Will only in favour the plaintiff. Secondly, it is contended that the Will was executed in suspicious circumstances, as one of the attestors of the Will is a close relative of the plaintiff's wife. It is further stated that the defendants had also contributed in paying the installments to the Tamil Nadu Housing Board, which was within the knowledge of the plaintiff. Admittedly, full payment of installments were not paid to the Tamil Nadu Housing Board by the Testator during his life time. Hence, the Will executed by Father is non-est in law. The signature of the testator was also denied by the defendants. Hence, prayed for dismissal of the suit.

4. Based on the above facts, the following issues were formulated for trial.

1. Whether the Will dated 23.12.1985 propounded by the plaintiff to be the last Will and Testament of K.S.Kothandaraman is true, genuine and valid?

2. Whether the plaintiff is entitled to the relief of the grant of Letters of Administration with the Will annexed?

Issue No.1:

5. The defendants have opposed the grant of Letters of Administration on various grounds. It is stated that the deceased was not in sound mind and was not capable of understanding at the time of execution of the Will; that the Will was obtained by fraud and undue influence; that the testator did not know the contents of the document and there is no reason to disinherit the other legal heirs.

6. Admittedly, the plaintiff is the propounder of the Will and he is the sole beneficiary of the Will. The property mentioned in the Will is allotted in favour of the testator, the value of which, was payable in installments. The Will was attested by two attestors, namely, D.V.Subramanian and R.S.Balakrishnan. The said D.V.Subramanian is no more and the other attestor, namely, R.S.Balakrishnan has been examined as P.W.2. The defendants 2,4,6 and 7 have filed their consent affidavit and declared that they have no objection for granting Letters of Administration with the Will anne