The court established that a Will can be validated based on corroborative testimonies and documents even when attesting witnesses are unavailable.

C.Srinivasan .. Defendant Prayer: Original Petition has been filed under Sections 232 and 276 of the Indian Succession Act XXXIX of 1925 for a grant of Letters of Administration in respect of the last Will and Testament of the deceased Saraswathy. Against this petition, a Caveat and Supporting affidavit were filed by the Caveator/5th respondent. As per order of this Court, the Original Petition No.630 of 2022 was converted into Testamentary Original Suit No.9 of 2024.

For Plaintiffs : Ms.Anil Relwani For M/s.K.Jegannathan For Defendant : Set Exparte

J U D G M E N T

The Testamentary Original Suit is filed for grant of Letters of Administration in respect of the last Will and Testament of the deceased Saraswathy.

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

The deceased Saraswathy, was an ordinary resident of Old No.29, New No.30, Kabaleeswarar Koil South Mada Street, Mylapore, Chennai-600 004. She passed away on 02.08.1997 at her residence due to old age. She was possessed of and left the property described in the schedule, located within Chennai and under the jurisdiction of this Court. The deceased Saraswathy purchased the schedule mentioned property out of her own funds from one P.Umapathy by way of a sale deed dated 26.05.1972 registered as document No.948 of 1972 in the office of the Sub Registrar, Mylapore. The deceased Saraswathy executed a Will dated 18.02.1976 in the presence of witnesses whose names appear at the foot thereof and the said Will was duly registered in the office of the Joint Sub Registrar of Madras as document No.32 of 1976. The registered Will states that after her life time, the property will bequeath to her sons 1.C.Purushothaman (23 years) and 2.C.Rajan (20 years), as beneficiaries under the Will, for their use and enjoyment during their lives in equal shares. The property will be inherited by their respective legal heirs with full power of alienation. The Will was attested by C.Shanmugam and R.V.Raman and being the Will was executed before 40 years, the whereabouts of the witnesses was not known to the petitioners and their best to trace the whereabouts of the witnesses and their efforts went in vein. Hence a third party affidavit of Kanchanamala, wife of the deceased Purushothaman and the daughter-in-law of the deceased Saraswathy has been filed to identify the signature of the testatrix in the said Will. Purushothaman was appointed as executor under the Will. The Will was in possession of C.Purushothaman as 6th son of the Testatrix. The Testatrix Saraswathy died leaving her 4 sons and 3 daughters as her next of kin. The son of the deceased C.Saraswathy, late C.Purushothaman, is one of the beneficiaries under the Will and died on 28.04.2017 without executing any Will, leaving his wife and 4 children as Class-I heirs to succeed to his estate.

2.01. The petitioners 2 to 6 are the legal heirs of late C.Purushothaman. The 1st petitioner C.Rajan is the son of late N.Chinnadurai Naicker and late Saraswathy. The respondents 1 to 3 are the legal heirs of late C.Sundaram. The said C.Sundaram is the son of late N.Chinnadurai Naicker and late Saraswathy. The respondent No.4 is daughter of late N.Chinnadurai Naicker and late Saraswathy. The respondent No.5 is the son of late N.Chjinnadurai Naicker and late Saraswathy. Respondent No.6 and 7 are the legal heirs of late Vasantha. The said Vasantha is the daughter of late N.Chinnadurai Naicker and late Saraswathy. The respondent Nos.8 and 9 are the legal heirs of late Gajalakshmi. The said Gajalakshmi is the daughter of late N.Chinnadurain Naicker and late Saraswathy.

2.02. The testatrix bequeathed the schedule mentioned property to the said Purushothaman and the 1st petitioner in equal shares and after the death of each beneficiary, to be