The central legal point established in the judgment is the determination of the genuineness and validity of a Will under the Indian Succession Act, and the entitlement of the executor to the grant of probate.

JUDGMENT

(Prayer:- This Testamentary Original Suit has been filed, under Sections 222 and 276 of the Indian Succession Act, for the reliefs as stated therein.)

1. This Testamentary Original Suit has been filed, under Sections 222 and 276 of the Indian Succession Act, for the grant of probate, in favour of the Plaintiff.

2. The case of the Plaintiff is that the Plaintiff is the son of Ramasamy Achari. One Ramakrishna Achari was the absolute owner of the house and ground and premises at No.19, Bharatheeswaran Colony, II Street, Kodambakkam, Chennai-24, comprised in TS.No.34, Puliyur Village, measuring about 1740 sq.ft. , by virtue of the sale deed, dated 7.4.1973 and he died on 24.12.2001 at the said address, leaving behind him the Defendants, as his legal heirs. The deceased had executed a registered Will dated 7.1.1998 in the presence of the two witnesses while in a sound and disposing state of mind. The Plaintiff is named as the executor of the said Will. The parents of the deceased Testator already expired. The Plaintiff has impleaded all the next of kin or other persons interested as the Defendants. The amount of assets, which is likely come into the hands of the Plaintiff does not exceed in the aggregate sum of Rs.1,80,000/- 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.1,70,000/-. The Plaintiff undertakes to duly administer the property and the credits of the said deceased Testator, in any way concerning his Will, by paying first his 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 Probate, 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 his properties and credits. Hence, this Testamentary Original Suit suit has been filed, seeking the reliefs, as stated above.

3. The case of the Defendants, as set out in the written statement, is that the Defendants are the legal heirs of the deceased Testator Ramakrishna Achari and the Testator was the absolute owner of the Schedule property by virtue of the sale deed dated 7.4.1973. The Defendants alone are entitled to inherit the estate of the deceased Testator, as he died intestate on 24.12.2001. The Plaintiff is the Class II heir and the Defendants are the Class I Heirs. Therefore, the Plaintiff is not entitled to claim any share from the estate of the deceased. The deceased never executed any Will on 7.1.1998. Only with an ulterior motive to grab the property, the Plaintiff has invented these facts. The deceased was not in good health prior to his death. The deceased under the influence of alcohol permitted the Plaintiff to live in a portion of the property at free of rent till the deceased was alive. The Plaintiff and his family members did not attend the death rights and ceremonies. The Plaintiff used to pick up quarrels, asking them to vacate the house property and claiming ownership over the property. The Defendants issued a notice dated 10.1.2003, calling upon the Plaintiff to vacate and deliver vacant possession of the portion under his occupation and to pay Rs.250/- per day from 24.12.2001 as damages. The Plaintiff sent a reply dated 13.1.2003, stating for the first time about the existence of the Will, dated 7.1.1998. The Defendants have been paying the statutory charges to the property and the receipts are in possession of the Defendants. The Will is not a genuine one. The Plaintiff undervalued the suit property. In such circumstances, the suit is liable to be dismissed.

4. In the additional written statement filed by the 2nd Defendant,