J U D G M E N T

This Testamentary Original Suit has been filed to grant letters of Administration to the petitioner with the Will annexed to the petition, as the deceased husband's sister's second grant-son/sole beneficiary under the Will executed by the deceased Kannammal having effect limited to the State of Tamil Nadu.

2. The case of the Plaintiff is that the deceased G. Aungusamy Naicker and her wife, Kannammal, had executed a registered Will on 31.01.2004, registered as Doc.No.10/2004, SRO, Periamet and after death of her husband, Kannammal had also executed a registered Will on 24.09.2008, registered as Doc.No.79/2008, SRO, Periamet and Kannammal cancelled the previous Wills and executed a last Will which was marked as 'A' for which no executor was appointed under the Will. Kannammal also died on 27.05.2013 without any children. In the family Genealogy, G. Nagappan and Dhanalakshmi are shown as Cognates and non-cognates, particularly the respondents 1 to 11 herein, out of them, the respondents 5 to 7, 10 and 11 are given no objection for obtaining a Letter of Administration of the subject Will and however shown as respondents in the present petition. He further submitted that the respondents 2 and 3 have filed a suit in OS.No.1107 of 2004, on the file of the VI Assistant City Civil Court, Chennai as against the deceased Nagappan Naicker and 13 others including the petitioner for partition and separate possession and after contest, the deceased Kannammal had got 18/36 shares as per preliminary decree and judgment dated 31.03.2010. Aggrieved against which, two separate Appeals in AS.No.456 of 2010 filed by the 4th respondent and another Appeal in AS.No.507 of 2010 filed by Prakash and others and the same are pending before the I Additional City Civil Court, Chennai. He further submitted that the petitioner undertakes to duly administer the property and the credits of the Kannammal, in any way concerning her Will by paying first her debts and then the legacies therein and exhibit the same in this Court within six months from the date of grant of letters of administration with the Will annexed to the petitioner and also to render true account of the said property and credits within one year from the said date to this court. The petitioner alone is the beneficiary by virtue of the subject Will. No application has been made to any district courts or delegate or to any other High Court for probate or letters of Administrative, with or without the Will annexed to her property and credits. He further submitted that only recently he found the subject Will and hence the petitioner is filing the present petition within 3 years from the date of death of the said late Kannammal. He further submitted that there is no next kin or other persons interested to be impleaded in the present petition. The amount of assets which is likely to come to the petitioner's hands does not exceed in the aggregate sum of Rs.1,40,98,850/- and the net amount of the said assets after deducting all items, the petitioner by law allowed to deduct is only of the value of Rs.1,40,98,850/-. Hence, this Testamentary Original Suit has been filed, seeking the reliefs, as stated above.

3. The case of the Defendants, in the Suit is that the Will dated

11.03.2013 executed by Kannammal is forgery and created document and legally invalid. The defendants in OS.No.1107 of 2004 as per preliminary decree dated 31.03.2010 by VI Assistant City Civil Judge, Chennai, allotted 18/36 share in suit schedule property to Kannammal and on the basis of such preliminary decree, she executed the above Will which was challenged by the defendants. The first defendant herein preferred appeal against the said preliminary decree in AS.No.456 of 2010 in which the plaintiff herein and one Varadammal and Kuppan, mother and brother of plaintiff filed cross Objection No.28 of 2016 in AS.No.456 of 2010. These defendants were impleaded as respondents 16 and 17 in AS.No.456 of 2010 and respondents 13