Registered Will is presumed to be genuine, while an unregistered subsequent Will lacking in material particulars is viewed with suspicion.

This second appeal was admitted by this Court on 26.11.2021 by formulating the following substantial questions of law:-

(i) When there are two Wills, namely, Ex.X1 in favour of the second plaintiff, Ex.B1 in favour of the first defendant, the finding of the First Appellate Court that Ex.X1 is the last Will, when actually Ex.B1 is the last Will, is on the basis of proper appreciation of evidence?(ii) Whether omission to mention in Ex.B1 Will about Ex.X1 Will would create suspicion in the genuineness of Ex.B1 Will? (iii) Whether the Lower Appellate Court is right in law in holding that the first defendant has not let in evidence to dispute the suspicion surrounding the Ex.B1 Will?

2. In the suit, the appellant herein is the first defendant and the respondents 1 and 2 herein are the plaintiffs. In the forthcoming paragraphs, the parties are described as per their litigative status in the suit.

3. The suit was filed by the plaintiffs for partition and separate possession claiming 3/4th share in the suit properties and also for the relief of permanent injunction and mandatory injunction and for rendition of accounts relating to the rents realized by the first defendant on and from 01.07.2004, i.e., from the date of death of Late Mari Chettiar, father of the plaintiffs and the first defendant.

4. The first defendant is the brother of the plaintiffs. The suit properties were the ancestral properties of Late Mari Chettiar, who, along with his brother entered into a partition deed dated 08.03.1982, by which, Late Mari Chettiar was provided with certain properties including the suit properties. According to the plaintiffs, in the year 1987, Mari Chettiar and his sons, namely, Lingaraj and Angappan entered into a deed of partition dated 14.12.1987 and in the said partition, Angappan got himself separated from the joint family and was allotted schedule 'B' properties. According to the plaintiffs, their father Late Mari Chettiar and the first defendant were allotted 'A' schedule properties in the said deed of partition. According to the plaintiffs, 'A' schedule property was jointly owned by the first defendant and his father Late Mari Chettiar.

5. According to the plaintiffs, the first plaintiff got married in the year 1992. It is the case of the plaintiffs that their father Late Mari Chettiar, during his life time, executed a registered Will dated 06.12.2001, through which, he has bequeathed his 1/6th share in the 'A' schedule properties allotted to him under the registered deed of partition dated 14.12.1987. According to the plaintiffs, under the said Will, his two daughters, namely, the first plaintiff and the second plaintiff were bequeathed with 1/6th share each and apart from that, he has bequeathed his remaining 1/6th share to the second plaintiff. According to the plaintiffs, in the Will dated 06.12.2001, the testator Late Mari Chettiar has also referred to the Act 1 to 1990 to Hindu Succession Act, 1956, in and by which, the plaintiffs have got 1/6th share each in the suit properties. The plaintiffs are claiming partition based on the Will dated 06.12.2001 as well as co-parceners of the 'A' schedule property, which was allotted to their father under deed of partition dated 14.12.1987.

6. The first defendant is the contesting defendant in the suit. The remaining defendants are tenants under the suit properties and they have been given up as party defendants by the plaintiffs during the pendency of the suit.

7. According to the first defendant, the Will dated 06.12.2001 alleged to have been executed by Late Mari Chettiar in favour of the plaintiffs, is a fabricated Will. According to him, his father Late Mari Chettiar executed a Will dated 03.02.2004 bequeathing the suit schedule properties in his favour absolutely. According to the first defendant, his father Late Mari Chettiar was not keeping good health in the last three months of 2001 till February, 2002, and that he was bedridden, unconscious and was on treatment. According t