JUDGMENT

(Prayer: Testamentary Original Suit filed under Sections 222 and 276 of the Indian Succession Act XXXIX of 1925, to grant Letters of Administration with the Will annexed to them as beneficiaries of the assets of the said deceased having effect throughout the whole of Tamil Nadu.)

1. This Testamentary Original Suit is filed for grant of Letters of Administration with the Will annexed in respect of the last Will and Testament of K.Govindan (the Testator), which is stated to be executed and registered on 05.09.1991 as Document No.144 of 1991 on the file of the Sub Registrar Office, Anna Nagar.

2. O.P. No.270 of 2018 was filed by three of the sons of the Testator. The eldest son, G.Munusamy, was arrayed as the first Respondent. The Testator had seven daughters. Out of the seven daughters, one daughter, namely, Neelavathi, died before the petition was filed. The six surviving daughters of the Testator were arrayed as Respondents. Similarly, the sons and daughters of the predeceased daughter, Neelavathi, were also arrayed as Respondents. In addition, a person called Saravanan, who is referred to in the Will, was arrayed as the thirteenth Respondent. O.P. No.270 of 2018 was converted into T.O.S. No.3 of 2019 at the instance of the first Respondent, who is the contesting Defendant in the suit. The said contesting Defendant filed O.S.No.8243 of 2011 before the City Civil Court at Chennai and the said suit was decreed on 12.02.2014. As against the decree, A.S.No.351 of 2018 (the Appeal Suit), was filed by the Plaintiffs herein and the Appeal Suit was dismissed by order dated 08.03.2019. As against the order in the Appeal Suit, a Second Appeal was filed but it is yet to be numbered.

3. Upon completion of pleadings, the Court framed the following issues:

1. Whether the Will dated 05.09.1991 is true and valid?

2. Whether the plaintiffs are entitled to Letters of Administration with a copy of the Will annexed?

3. To what other reliefs the parties are entitled to?

4. The plaintiffs adduced evidence by examining the first plaintiff as PW1. One of the attesting witnesses, namely, S. Sridharan, was examined as PW2. During the examination-in-chief of PW1, six documents including the Will and the Death Certificate of the Testator were marked as Exs.P1 to P6. The Defendant adduced evidence by examining himself as DW1. In addition, Mr.S.Narasimhan, who is said to be acquainted with the Testator and his family, was examined as DW2 and Mrs.Mallika, who is stated to be a tenant, was examined as DW3 with regard to the marriage of the Defendant. A total of 36 documents were exhibited through DW1 as Exs.D1 to D36, two documents through DW2 as Exs.D37-D38 and one document through DW3 as Ex. D39.

5. I heard the learned counsel for the Plaintiffs and the learned counsel for the Defendant.

6. The learned counsel for the Plaintiffs referred to paragraphs 2 to 5 of the plaint so as to set out the facts and circumstances leading to the filing of the Petition, which was subsequently converted into a suit. He submitted that the Plaintiffs are the sons of the late K.Govindan, who died on 01.03.2010. During his life time, the Testator purchased the property, which is bequeathed under the Will, under two registered sale deeds dated 19.08.1967 and 02.09.1970 and registered as document Nos.2670 of 1967 and 3814 of 1970, respectively, on the file of the Sub Registrar Office, Sembium. His wife, Mariammal, predeceased him on 20.03.1993. He had seven daughters, namely, S. Kamatchi, Neelavathi, Adhilakshmi, S.Rajeshwari, A. Shanthi, Ms. Rathi and E. Radha and four sons, namely, Munusamy, Mohan, Elumalai and Raji. One of the daughters, namely, Neelavathi, died and her daughters M. Malathy, V. Gowri, M. Nirmala and sons, M. Nagaraj and M. Babu, were arrayed as Respondents.

7. The learned counsel also submitted as follows. The Testator executed and registered his last Will and Testament on 05.09.1991 as document No.144 of 1991 on the file of the Sub Registrar Office, Anna Nagar