The burden of proof lies on the plaintiff to establish the validity of a will, which was not met due to discrepancies and suspicious circumstances surrounding its execution.

JUDGMENT :

A.A.Nakkiran, J.

The Testamentary Original Suit is filed for issuance of letters of Administration with the will annexed to be granted to him as the grandson/beneficiary of the deceased having effect throughout the State of Tamilnadu.

2. The brief facts of the case of the plaintiff are as follows:

a) The Testatrix Mrs. Lurthumari got marriage with Mr.Susainathan and out of their wedlock two sons and two daughters were born. They are (1) Balu, (2) Doss, (3) Pappa and (4) S.Periyanayagi. The above said Papa died at the age of 8 years long back and Doss also died unmarried long back. The petitioner is the grandson of Testatrix through her son Mr.Balu. The petitioner's father looked after the Testatrix initially and after demise of petitioner's father Mr.Balu on 11.4.1988, the mother of the petitioner namely Mrs.Arockiam @ Mrs.Arockia Mary looked after the Testatrix till her death. The husband of the Testatrix namely Mr.Susainathan predeceased her long back and parents of the Testatrix also predeceased her long back.

b) Mrs.Lurthumari, the Testatrix of the WILL died at her age of 75 years at No.127, Kottai Street, M.G.R. Nagar, Kottaikuppam, Pazhaverkadu, Ponneri Taluk, Tiruvallur District on 14.3.2002, where she ordinarily resided and within the State of Tamil Nadu and within the jurisdiction of this Hon'ble High Court. The petitioner herein and his family members performed the last rites and ceremonies at their cost to the Testatrix.

c). The Testatrix was the absolute owner of the land and building situates at Old No.34, New No.65, New Amarajipuram, (As per Corporation property Tax Assessment Amaravathy Puram), Kasimedu, Royapuram, Chennai-600 013, which is morefully described in the Schedule of Property hereunder lying within the territorial jurisdiction of this Hon'ble Court and within the limit of Corporation of Chennai.

d).During her lifetime, the Testatrix executed a registered Will with respect to her above said property bequeathing above said property in favour of the petitioner. The writing hereunto annexed now shown to the petitioner and marked with a Letter-A, is the Last Will and Testament of late Mrs. Lurthumari, it was truly executed by her at Ponneri on 21.11.1994 and registered before the Sub-Registrar's Office at Ponneri as Document No.68/1994 on the same day in the presence of the witnesses (1) Mr.S.Joseph, and (2) Mr.M.Selvam, whose names appear at the foot of the Will and in the document before the Sub- Registrar's Office, Ponneri. at the time of execution of Will, the petitioner was aged about 13 years and he had no knowledge about the execution of Will. The petitioner's mother Mrs. Arockiam @ Arockia Mary being an illiterate lady also not aware the value of Will and not disclosed the same to the petitioner. Only during the month of June 2013, when cleaning the house to dispose unwanted things, the petitioner found the Will and files this petition as early as possible. Hence, there is a delay in filing this petition and delay is neither willful nor wanton.The Testatrix of the Will did not appoint any Executor for the Will.

e). The value of the assets which are likely to come to the petitioner hand does not exceed in the aggregate the sum of Rs.3,00,000/- and the net amount of the said assets after deducting all items which the petitioner is by law allowed to deduct is only of the value of Rs.2,80,000/-. No application has been made to any District Court or Delegate or to any other Court for Probate of the Will of the said deceased Mrs. Lurthumari or Letters of Administration with or without the Will annexed of her property and credits.

f). The petitioner hereby undertakes to duly administer the property and credits of the said deceased Mrs.Lurthumari and in any way concerning her Will by paying first her debts and then the legacies herein bequeathed so far, as the assets will extend and make a full and true inventory thereof and exhibit the same in this Court within six months from the date of grant of Lett