The main legal point established in the judgment is the fulfillment of statutory requirements for proving the authenticity of a Will, including the mental capacity of the testator and the testimony of witnesses.

JUDGMENT

(Prayer: This Testamentary Original Suit has been filed, under Sections 232 and 276 of the Indian Succession Act and Order 25 Rule 5 of the Original Side Rules, for the reliefs as stated therein.)

1. This Testamentary Original Suit has been filed to grant Letters of Administration of the Will annexed, in favour of the Plaintiff. 2. The case of the Plaintiff is that the Plaintiff is the brother of the 1st Defendant. The 2nd Defendant is the husband of the 1st Defendant. The Defendants 3 to 7 are the children of the Defendants 1 and

2. The mother of the Plaintiff, Ramanujammal, who ordinarily resided at No.63, Deveraja Street, Perambur Barracks, Chennai-12, died on 30.03.2000 at the said address, leaving behind her, the Plaintiff and the Defendants, as her legal heirs. The father of the Plaintiff predeceased her. His mother had executed her last Will and Testament, dated 14.06.1997, in the presence of the witnesses, in respect of the said property. The testator has not made any appointment of executor of the said Will. The amount of assets, which is likely come into the hands of the Plaintiff does not exceed in the aggregate sum of Rs.2,05,300/- and the net amount of the said assets, after deducing all the items, which the Plaintiff, is by law allowed to deduct, is only of the value of Rs.1,90,3000/-. The Plaintiff undertakes to duly administer the property and the credits of the said Testator, in any way concerning her Will, by paying first her 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 in the Court, within six months from the date of grant of Letters of Administration, with the Will annexed to the Plaintiff and also to render a true account of the said property and credits within one year from the said date. No application has been made to any District Court or delegate or to any other High Court for probate or any Will of the said deceased or Letters of Administration with or without the Will annexed to her property and credits. Hence, this Testamentary Original Suit suit has been filed, seeking the relief, as stated above.

3. The case of the Defendants is that the Will is not a genuine one and it had been fabricated. The 1st Defendant is the only sister of the Plaintiff. Her father Appa Rao died on 01.03.1950 and her mother Ramanujammal died on 30.03.2000. The premises, at Door No.23, New Door No.63, Devaraja Street, Perambur Barracks Road, Chennai-12, was purchased by her mother on 09.09.1935 from one Narayana Swami Mudali and since then, she had been in possession and enjoyment of the same till her death on 30.03.2000. She died intestate, leaving behind her the Plaintiff and the 1st Defendant, as her legal heirs. The Plaintiff and the 1st Defendant are each entitled to half share in the property. There are 15 tenants in the said premises and both the Plaintiff and the 1st Defendant are residing in the same. The rental income is Rs.14,000/- p.m. The Plaintiff was not in talking terms with their mother. The Plaintiff is collecting the rents. There is no need to write the Will on the Stamp Papers. Though the stamp papers had been purchased on 7.5.1997, the Will had been prepared on 14.06.1997. The attesting witnesses have not written their names after the signatures. The name of the person, who wrote the Will is not disclosed. There are intrinsic evidence in the alleged Will to prove the same that it is not a genuine one. In such circumstances, the Testamentary Original Suit is liable to be dismissed.

4. On the pleadings of the parties, the following issues were framed:-

(1) Whether the Testatrix late Mrs.Ramanujammal had duly executed her last Will and Testament, dated 14.06.1997, in respect of the immovable property bearing Door No.63, Devaraj Street, Perambur Barracks, Chennai-12, in favour of V.A.Suryanarayanan, the Plaintiff herein in the presence of two witnesses, who attested the same?

(2)Whether the Will,