The main legal point established in the judgment is the validity of the will and the entitlement of the first defendant to the property under the Hindu Succession Act.

JUDGMENT

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree of the Principal Subordinate Judge' Court at Coimbatore, dated 29.06.2010 in A.S.No. 45 of 2008 confirming the Judgment and Decree of the III Additional District Munsif Court at Coimbatore, dated 11.10.2007 in O.S.No. 908 of 2004.)

1. The 3rd plaintiff in O.S.No. 908 of 2004 on the file of the III Additional District Munsif Court at Coimbatore, is the appellant herein.

2. The said suit in O.S.No. 908 of 2004 had been originally filed before the Sub Court at Coimbatore as O.S.No. 139 of 1996 by two plaintiffs, Nagammal, Rajammal who were sisters against the first respondent herein Gayathri and three other defendants, who were tenants in the suit property, seeking a declaration that they are the rightful heirs to the suit property which was left behind by Govindasamy and Marammal and consequent to such declaration, to direct the first defendant Gayathri to deliver vacant possession and for past and future mense profits for use and occupation and consequential reliefs. During the pendency of the suit, the second plaintiff died and her husband R.Sundara Rajan was impleaded as the third plaintiff.

3. On transfer to the District Munsif Court at Coimbatore, O.S.No. 139 of 1996 was renumbered as O.S.No. 908 of 2004. By Judgment dated 11.10.2007, the III Additional District Munsif, Coimbatore, dismissed the suit.

4. Thereafter, the plaintiffs filed A.S.No. 45 of 2008 before the Principal Sub Court at Coimbatore. By Judgment dated 29.06.2010, the Appeal Suit was dismissed and the Judgment and Decree of the trial Court in O.S.No. 908 of 2004 was confirmed.

5. The third defendant R.Sundararajan alone then filed the present Second Appeal.

6. The Second Appeal had been admitted on the following substantial questions of law:-

“1. When Govindasamy and Marammal died intestate without any issues, whether the sisters of Govindasamy are not entitled to succeed to his estate as per the provisions of the Hindu Succession Act, 1956?

2. When Ex.B.14 Will dated 28.12.1995 has not been proved in accordance with Section 63(c) of the Indian Succession Act, 1925 read with Section 68 of the Evidence Act, 1872, whether the Courts below are correct in law in upholding Ex.B.14 – Will?

3. When the attestors of Ex.B.14 alleged will are the very close relatives of the first respondent and when there are clear contradictions in their evidence, whether the Courts below are correct in law in not holding that the execution of the alleged Will is shrouded by suspicious circumstances?”

O.S.No. 908 of 2004 [ III Additional District Munsif Court, Coimbatore]:

7. The first and second plaintiffs claimed that they and Govindasamy were the children of Munusamy Naidu. Govindasamy was married to Marammal. He died in the year 1993. Marammal was his only legal heir. She died on 31.12.1995. They did not have any children. It was claimed that both of them died intestate. The first and second plaintiffs, as sisters of Govindasamy claimed that they should therefore be recognised as the legal heirs of Govindasamy and Marammal and must succeed to the suit property.

8. The suit property was land and building at Kempatti Colony formerly called Linga Gounder Thottam in Coimbatore. It had been purchased by Govindasamy in his name and in the name of his wife Marammal by sale deed dated 07.04.1978 from one Vijayalakshmi. It was claimed by the plaintiffs that the entire sale consideration was provided only by Govindasamy. A few years before Govindasamy and Maramal died, since they had no issues, the first defendant Gayathri, by birth a Keralite, got into the confidence of Govindasamy and Marammal and assumed the character of a household member. The plaintiffs stated that she was married twice. After the death of Govindasamy, who died in the year 1993, the first defendant changed her attitude and took control of the house. The other relatives were made u