N. Sathish Kumar, J.

The petition originally filed for the grant of Letters of Administration has been converted as suit in view of the caveat filed by the defendants herein.

2. The brief facts of the plaintiff's case are as follows :

(i) The plaintiff is the son of late Sri. N. Ramanathan Chettiar, who died on 03.12.2002. The plaintiff and the defendants 1 to 3 herein are the son and daughters of the said deceased. The deceased Ramanathan Chettiar executed a Will dated 20.9.2002 bequeathing the suit properties in favour of the plaintiff and the defendants 1 to 3 and appointed the plaintiff as an executor. Since the 2nd defendant, viz., K. Annapoorani died, defendants 4 to 8 were brought on record as her legal heirs.

(ii) The amount of assets which is likely to come into the plaintiff's hands does not exceed the aggregate sum of Rs.82,59,221.61/- and the net amount of the said assets is Rs.82,58,221.61/-. The plaintiff undertakes to duly administer the property and credits of the deceased in any way concerned in the Will by paying first his 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 to the Court within six months from the date of grant of Letters of Administration, with the Will annexed and also to tender to this court a true account of the said property and credits within one year from the said date. The petitioner also submits that no application has been made to any other District Court or delegate or to any other High Court for probate or Letters of Administration with or without the Will annexed to the property and credits. Hence, the suit is filed for grant of Letters of Administration.

3. The brief facts of the defendants' case are as follows :

(i) The Will dated 20.9.2002 said to have been executed by N. Ramanathan Chettiar is denied. The defendants admitted that there were talks between the plaintiff and the defendants about the sharing of the assets through one S. Ramasamy, a close friend and business partner of the plaintiff and at that time, the plaintiff attempted to set up this false Will through his friend. Since the defendants objected, the plaintiff did not insist the Will at that time. The plaintiff did not agree for the proposal offered by the defendants towards amicable settlement.

(ii) According to the defendants, the alleged Will has been written in Ink, just 72 days prior to the date of the death of the deceased. The deceased Ramanathan Chettiar was a Chronic Patient with T.B., Renal failure, Hypertension for the last 12 years i.e. from 1992 to 2002 and he was admitted in Sundaram Medical Foundation, Anna Nagar, Chennai, for treatment of the Paralysis Stroke on several occasions. Since the deceased Ramanathan Chettiar was suffering from Neurological disorder with difficulty to move his finger, he could not put his signature as alleged by the plaintiff. Further, Doctors advised him to dip his fingers in the hot water for about 10 to 20 minutes and thereafter, he managed to put his signature. It is stated that due to the health condition of the deceased, he has allowed the plaintiff to put his signature in some business dealings of the father. Thus, the plaintiff was accustomed to put the signature of the deceased father. Further, the deceased used to obtain signed blank cheques from 1st and 2nd defendants for the purpose of drawing money from bank account either for reinvesting the same or for paying Corporation tax etc., with respect to the income derived from the flat owned by the said defendants but the same was misused by the plaintiff on several times.

(iii) According to the defendants, the Will dated 20.09.2002 is a forged and fabricated Will, since on the date of the alleged Will, the deceased father has already lost his mental and physical health and he lost disposing mentality due to prolong disease and health complaint. Apart from that, the Will is bad for uncertainty, as there is no disposi