JUDGMENT :

The plaintiff, as the petitioner, has filed a Original Petition in O.P.No.233 of 2008 under Sections 232 , 255 and 276 of the Indian SUCCESSION ACT XXXIX of 1925, for the grant of Letters of Administration in the matter of last Will and Testament of the deceased P.Somasundaram, father of the petitioner and respondents 1 to 3.

2. Against this petition, a Caveat was filed by the Caveators on 09.06.2008 and order was passed by this Court on 24.07.2009 to convert this O.P.No.233 of 2008 into Testamentary Original Suit. Accordingly, this O.P. was converted into Testamentary Original Suit and numbered as T.O.S.No.14 of 2009.

3. The brief facts of the case of the plaintiff in T.O.S.No.14 of 2009 (earlier petitioner in O.P.No.233 of 2008) are as follows:-

Plaintiff and the defendants 1 to 3 are siblings and they are the children of deceased P.Somasundaram and deceased Subbulakshmi. Their mother Subbulakshmi predeceased their father. Their father P.Somasundaram died on 19.07.2007 leaving the plaintiff and defendants as his surviving legal heirs. Their father executed a Will dated 09.11.2006, at his residence at No.101, 1st Avenue, Indira Nagar, Adyar, Chennai-20, in the presence of attesting witnesses. Under the said Will dated 09.11.2006, the deceased P.Somasundaram had bequeathed his self acquired immovable properties at Chennai and Madurai and movable properties to the plaintiff and defendants equally. This suit is filed for the grant of Letters of Administration in respect of the Will dated 09.11.2006 of late P.Somasundaram only with respect to his immovable property at Chennai. All the next of kin and other interested persons are impleaded as parties. The plaintiff, therefore, prays for Letters of Administration in the matter of last Will and Testament of the deceased P.Somasundaram.

4. The case of the first defendant, as narrated in her Written Statement, is as follows:-

First defendant filed this Written Statement for herself and on behalf of second and third defendants. First defendant denied all the allegations stated in the plaint as false, baseless and untrue. Their father never executed any Will dated 09.11.2006. The Will is a forged and fraudulent document created by the plaintiff to defraud the defendants. Their father used to say that after his death, the properties need to be shared equally, then only his soul will rest in peace. After the death of their father, first defendant asked the plaintiff to share the properties equally. The plaintiff refused for the same. Hence the first defendant sent a legal notice dated 03.12.2007. The plaintiff sent a reply notice dated 18.12.2007, from which for the first time, first defendant came to know that her father had executed a Will on 09.11.2006. Immediately, she filed a suit for partition in C.S.No.563 of 2009 before this Court and the same is pending. The plaintiff filed a suit in O.S.No.342 of 2008 before the II Additional Sub Court, Thirumangalam, Madurai District.

5. First defendant further averred that the extent of Adyar, Chennai property is 2 grounds 181 sq.ft. But it is stated in the Will as 2 ¼ grounds, which itself proves that the Will was created by the plaintiff. Her father handed over a sum of Rs.25,0