J U D G M E N T

The Testamentary Original Suit is filed for grant of Probate in respect of the last Will and Testament of the deceased Y.Hazarathiah.

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

The petitioner/plaintiff is none other than the son of the testator Hazarathiah. The respondent/defendant is the sister of the plaintiff and the daughter of the testator. The said Hazarathiah died on 04.06.2000 leaving the petitioner being his only son and left behind his wife Kamalammal and his five daughters Viz., B.Subburathinamma, K.Lalithamma, Krishnaveni Amma, R.Padmavathi and Y.Saroja Devi as the only legal heirs. The deceased Hazarathiah had executed a Will dated 30.09.1997 vide Doc.no.60 of 1997 in the office of Sub Registrar, Sowcarpet, Madras, in the presence of the witnesses whose names appear at the foot thereof. The petitioner/plaintiff is the executor named in the said Will. The amount of assets which is likely to come to the petitioner/plaintiff's hand does not exceed in the aggregate a sum of Rs.43,46,260/- and the net amount of the said assets after deducting all items which the plaintiff is as per law allowed to deduct is only of the value of Rs.43,46,260/-. 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 with or Letters of Administration with or without the Will annexed of his properties and credits. The plaintiff has impleaded all the next of kin or other persons interested as party/respondents. There is no next of kin or other persons interested to be impleaded. The plaintiff hereby undertakes to duly administer the property and credits of the said late Mr.Y.Hazarathiah deceased, in any way concerning his 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 6 months from the date of grant of probate 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, he prays to grant Probate thereof to have effect throughout the whole of State of Tamil Nadu.

3. The brief facts of the written statement filed by the sole defendant are as follows:

All the allegations contained in the plaint are denied as false except those that are specifically admitted herein. The allegation that late Y.Hazarathiah had executed a Will on 30.09.1997 is denied. From 1992 onwards, Hazarathiah was affected by some kidney disease and he was not in a position to cogently think and speak and he was in dire need of assistance even to attend his deity chores. He died intestate on 04.06.2000 leaving behind the defendant and other legal heirs in lurch. After his demise, the defendant along with other family members sought for partition of the properties left by Y.Hazarathiah. In the meanwhile, the defendant was shocked and surprised to receive court summons regarding this petition for grant of probate based on the alleged Will said to have been executed by late Y.Hazarathiah dated 30.09.1997. She specifically denies the genuineness, validity, execution, attestation of the alleged Will. Her attempts to settle the matter amicably through mediation of family friends were thwarted by the plaintiff herein. Hence she issued legal notice dated 08.01.2033 to the plaintiff in the present testamentary original suit. The plaintiff replied to the same by reply notice dated 17.01.2003 with some vague statements. Hence the defendant has filed a suit for partition and for accounts in C.S No.400 of 2004 before this Court.

3.01. The properties bearing Old Door No.75, New No.155, Govindappa Naicken Street, Chennai-1 and Old No.22, New No.3, Arumugam Street, Chennai-79 were the absolute properties of late Y.Hazarathiah, the father of this defendant. Late Hazarathiah had purchased the property situated at Govindappa Naicken Street from one Mr.C.Devichand