JUDGMENT

The dispute involved in this case is centering around two Wills. One among the Will is unregistered, that is the earlier one, executed by the mother, Erayi Nandini. Admittedly, she was the owner of the property covered by the said Will, which is the subject of a suit for partition, the present suit. After the execution of earlier Will, the father executed another Will, that is Ext.B23, a registered Will. The trial court found that Ext.B21 Will (wrongly stated as B2 Will) is a fabricated one surrounded by suspicious circumstance and the burden lies on the propounder was not discharged. As such, a decree for partition was granted in favour of the plaintiffs. The plaintiffs 1 and 2 are the two daughters of Erayi Nandini and the defendants 1 to 5 are their siblings. There is a predeceased son whose legal heirs were impleaded and joined as plaintiffs 3 to 5 in the suit. The suit for partition was contested by the defendants alleging that by the execution of an unregistered Will by the mother Erayi Nandini as early as on 29/4/1990 (Ext.B21), the entire property held by her bequeathed in favour of her husband, that is father of the defendants. He in turn in the year 2001, more sp