The court affirmed the validity of a Will executed by the deceased, granting Letters of Administration to the plaintiff based on unchallenged evidence.

JUDGMENT :

A.A.Nakkiran, J.

The Testamentary Original Suit is filed for grant of Letters of Administration in respect of the last Will and Testament of the deceased S.P.Kallapiran Iyengar.

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

The deceased Kallapiram Iyengar was a permanent resident of Chennai residing at No.44, IV Circular Road, Jawahar Nagar, Chennai-600 082. The deceased has left behind him as his next of kin and legal heirs, the respondents herein only and no one else. He passed away on 12.04.1999 at Chennai. The deceased Kallapiran Iyengar executed a Will dated 18.03.1994 in the presence of witnesses whose names appear at the foot thereof and the said Will was duly registered in the office of the Sub Registrar, Periamet, Chennai as document No.23 of 1994 on 22.03.1994. No one has been appointed as the executor of the Will. The 1st respondent viz., Gayathri in O.P No.734 of 2001, who is the daughter of late S.P.Kallapiran Iyengar has filed an affidavit consenting to the Letters of Administration with a Will annexed being granted in favour of the petitioner herein. The amount of the assets which are likely to come into the petitioner's hand does not exceed in the aggregate the sum of Rs.2,50,000/- 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.2,50,000/-.

2.01. So far as the petitioner has been able to ascertain or is aware, there are no properties and credits other than what are specified in the schedule attached to the affidavit of assets annexed herewith. All persons having an interest in the matter as legal heirs of the Testator have been impleaded as parties herein. There is no other legal heir who has any interest in the matter. No application has been made to any District Court or Delegate or to any other High Court for probate of any Will of the said deceased or Letters of Administration with or without the Will annexed of her property and credits. The petitioners hereby undertake to duly administer the property and credits of the said S.P.Kallapiran, deceased, in any way concerning the 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 this regard within six months from the date of Letters of Administration with the Will annexed to the petitioner and also to render to this Court a true account of the said property and credits within one year from the said date. Hence, she prayed to grant Letters of Administration with the Will.

3. The brief averments made in the written statement filed by the defendants 1 to 3 are as follows:

The plaintiff herein fraudulently created a Will by making false and frivolous allegation with reference to the available right for the executor of the Will and the witnesses who alleged to have signed in the Will were not aware of the fact that the executor had no sense of mind at the time of execution of the Will as he was acting in order to fulfill the requirement of the beneficiaries under the alleged Will which was created with ulterior motive for the reasons best known to her. It is apparent on the fact of the record that the beneficiaries of the alleged Will had fraudulently obtained the legal heir certificate by suppressing the fact of the legal heirs and thereafter, it was revealed by other legal heirs, the 3rd defendant herein, by ascertaining the fact that the plaintiff had been intending to mislead the revenue authority concerned and the revenue authorities were misguided by submission of forgery records submitted by the plaintiff in order to obtain the legal heir certificates. The District Collector had to cancel the legal heir certificate issued in this regard in its proceeding No.Vo06/12142//00 dated 06.08.2005. That the 3rd defendant herein had already been endowed with the privilege of one of the schedule of property which was mentioned in the