IMPORTANT POINT
Objections raised against the will having been obtained under undue influence and the testatrix being sick and not able to think her good and bad, not proved on the record, the will shall be taken to have been proved without any suspicion and probate could be granted.

Anand Byrareddy, J.—Heard the learned Counsel for the plaintiffs and the learned Counsel for the defendants.

2. The petition for grant of probate of the Will of late Mrs. Pattamada Bhojamma Chengappa (hereinafter referred to as ‘Mrs. Chengappa’, for brevity), is converted into a testamentary suit, in view of the respondents having entered caveat. The first plaintiff was the eldest daughter of late Mrs. Chengappa and the second plaintiff was her husband. Mrs. Chengappa is said to have died on 3-6-2001, at No.3, John Armstrong Road, Richards Town, Bengaluru. A copy of the death certificate is produced. The writing annexed and marked with the letter ‘A’ to the plaint is claimed to be the last Will and testament of Mrs. Chengappa dated 22-5-1998 and is stated to be duly executed by her in the presence of witnesses, whose names appear at the foot of the Will. In the Will, the plaintiffs are appointed as executors of the Will.

Mrs. Chengappa was married to one P.M. Chengappa, who died as on 11-11-1970. Mrs. Chengappa was the owner of property bearing No.3, John Armstrong Road, Bengaluru and was living in the said property even during the lifetime of her husband and resided there till her death. She had two daughters and a son namely, Cauvery Belliappa-the first plaintiff herein, Saraswathi and P.A. Chengappa-the third defendant. Saraswathi was no more as she had died in a road accident in April 1997. She had one son by name B.B. Chengappa and a daughter by name Harini. Saraswathi was residing in her matrimonial home with his husband B.C. Bopanna after her marriage dated 28-4-1961. They were residing at Kutta in Coorg and Bopanna had an estate of his own.

The first plaintiff along with her husband, had started residing with Mrs. Chengappa after retirement of plaintiff 2 from service with the Indian Railways from the year 1984 onwards. The plaintiffs had two children Urmila and Arjun. Urmila’s husband Ganapathy was a squadron leader and he had died in the year 1977 and their children Karthik and Pavan were aged 3 and 2 years, respectively, at that point of time. The children stayed along with the plaintiffs and their great grandmother, Mrs. Chengappa in the above property. Since their mother had abandoned them and migrated to United States of America and was not heard of, the children were taken care of by Mrs. Chengappa. The first defendant is B.B. Chengappa was the husband of Saraswathi, the daughter of Mrs. Chengappa. Saraswathi was no more, as she along with her daughter Harini had died in a car accident. Harini had two children, Kanchana and Ashish. Kanchana had also died in the same car accident. The genealogical tree, annexed to the plaint, is as follows:

It is the case of the plaintiffs that Mrs. Chengappa, under a Will, had appointed them as the executors. She was the owner of the above mentioned property and there were certain ICICI Savings Bonds valued at Rs. 5,000/- standing in the joint names of Mrs. Chengappa and the first plaintiff and apart from it, there were certain movables. In her Will, she had provided that property bearing No.3, John Armstrong Road, Richards Town, be disposed of within five years from the date of her death and out of the proceeds, 35% was to be given to the first plaintiff, 33% to her son P.A. Chengappa, the third defendant, 16% to her grandson B.B. Chengappa, the first defendant and 16% to her great grandchildren, Karthik and Pavan, defendants 4 and 5. She had further bequeathed her investments, which were in the joint names and in respect of which, there was a nomination to her daughter, the first plaintiff. The Will is duly executed and attested by two witnesses namely, Mr. Anthony Da Costa and Keith D’Souza. After the death of Mrs. Chengappa a copy of the Will is said to have been sent to all the family members to keep them informed, at which point of time, B.B. Chengappa and I.C. Bopanna had disputed the Will and contended that Mrs. Chengappa had executed a Will dated 17-11-1971 and a co