This suit has been originally filed for grant of probate in respect of the Will left by one K.Andal, mother of the plaintiff and the defendant and subsequently, the Original Petition has been converted as suit in view of the caveat filed by the defendant herein.

2. Brief facts leading to the filing of the suit is as follows :

The plaintiff and the defendant are brother and sister. Their mother Andal died on 13.08.2000 testate bequeathing the vacant site held by her in the name of the plaintiff under the Will dated 08.08.1998. The property was bequeathed to the plaintiff for the specific reason that the plaintiff has paid the entire sale consideration while purchasing the property. It is also the case of the plaintiff that he could not file a petition immediately for issuance of letters of Administration, since the property is a vacant land and only when he went for building plan approval, the Corporation insisted him to produce probate. Therefore, there is a delay of 11 years in applying the probate.

3. Brief contentions of the Written Statement filed by the defendant is as follows :

The defendant denied the existence of the Will, which has not been informed to her Will by the plaintiff. Whereas the defendant requested for amicable settlement and sent a letter dated 09.07.2012 and only in the reply dated 11.07.2012, the defendant was informed about the existence of the Will. Though the plaintiff and the defendant are residing in the same locality, the plaintiff has not chosen to inform her about Will left by their mother. It is the further contention of the defendant that the deceased Andal was equally affectionate to both her children, namely the plaintiff and the defendant. Only in order to enjoy the property absolutely by the plaintiff, the Will has been projected now. The defendant seriously doubt the validity of the Will. It is also denied by the defendant that the property was purchased out of earning of the plaintiff. Andal sold her ancestral property at Kumbakonnam and purchased the property. The reasons for delay has also not been properly explained and prayed for dismissal of the suit.

4. Based on the above pleadings, the following issues have been framed :

(i). Is not the Will dated 08.08.1998 executed by late K.Andal valid and executed by her in disposing state of mind?

(ii) Is not the plaintiff entitled for probate as prayed for?

(iii) For what reliefs the parties are entitled to?

5. On the side of the plaintiff, P.W.1 and P.W.2 have been examined and marked Ex.P.1 to Ex.P.12. On the side of the defendant, D.W.1 and D.W.2 have been examined and Ex.D.1 to D6 have been marked.

Exhibits produced on the side of the plaintiff:

S.No	Exhibits	Date	Description of documents
1.	P-1	08.08.1998	Original Will executed by K.Andal
2.	P-2	--	Original death certificate of K.Andal
3.	P-3	22.08.1981	Copy of the sale deed purchased by K.Andal
4.	P-4	24.04.2012	Affidavit of Assets of the deceased K.Andal
5.	P-5	02.12.2011	Copy of the legalheirship certificate of K.Andal
6.	P-6	03.05.1975	VGP Land purchase pass book
7.	P-7	03.05.1975	Acknowledgement for opening account
8.	P-8	--	Instalments payment receipts
9.	P-9	17.03.1977	VGP Housing with two enclosures
10	P-10	--	Cheque book counter foil series (2 Nos.)
11.	P-11	--	Canara Bank Pass Books (2 Nos.)
12.	P-12	02.02.1981	Sale Deed Doc.No. 3264/1981

P.W.1. - Mr.K.Rangarajan

P.W.2 - S.Murugan

Exhibits produced on the side of the Defendant :

S.No	Exhibits	Date