A will must be proved to comply with Section 63(c) of the Indian Succession Act, including proper attestation by witnesses who observe the testator's signing.

COMMON JUDGMENT

Both these Testamentary Original Suits relate to two separate Wills, which are both registered and executed by V.Nagammal who died on 20.12.1997.

2.Originally, O.P.No.108 of 2002 had been filed by G.Hemachalam seeking probate of a Will dated 30.11.1988 registered as Document No.105/1988 in the office of the Sub-Registrar, Anna Nagar, Chennai, said to have been executed by his mother V.Nagammal. In the said Original Petition, the petitioner had impleaded his four sisters namely, Neelavathi, Manonmani, Parameswari, Sankar Eswari and his brother G.Somasundaram as respondents. On caveat being filed by Neelavathi, O.P.No.108 of 2002 was converted as T.O.S.No.19 of 2002. Subsequently, by an order dated 26.10.2015 in A.No.6481 of 2015, G.Somasundaram was impleaded as the 2nd defendant.

3.G.Somasundaram filed O.P.No.528 of 2006 seeking probate of a Will dated16.09.1985 also said to have been executed by V.Nagammal which had been registered as Document No.124 of 1985 in the office of the Joint Sub Registrar Office – I (District Registrar) Office of the Registrar, Madras North. In the said petition, he had impleaded his brother G.Hemachalam and sisters viz., Neelavathi, Manonmani, Parameswari, Sankar Eswari as respondents. On caveat filed by G.Hemachalam, O.P.No.528 of 2006 was converted as T.O.S.No.92 of 2013.

4.In O.P.No.108 of 2002 / T.O.S.No.19 of 2002, the petitioner / plaintiff G.Hemachalam stated that his mother V.Nagammal had executed a Will dated 30.11.1988 registered as Document No.105 of 1988 in the Office of the Sub Registrar, Anna Nagar, Chennai, and had named him as executor. He sought grant of probate of the said Will. In the petition, he had also given the manner in which she had bequeathed the properties which stood in her name. He therefore claimed that as executor he must be permitted to prove the Will and probate must be granted. Very significantly, he had not mentioned whether any earlier Will had been executed by V.Nagammal. In the list of documents he had also not filed a copy of any earlier Will. On caveat being filed by Neelavathi, O.P.No.108 of 2002 was converted as T.O.S.No.19 of 2002.

5.In her written statement, it had been contended by Neelavathi that V.Nagammal did not have any source of income to purchase the properties. It was stated that their father who was a Gold smith by profession was the only earning member of the family and had purchased the properties in the name of V.Nagammal. It was therefore contended that V.Nagammal was not the absolute owner of the properties in Item Nos.1, 4 – 8 mentioned in the Will and that she could bequeath only an undivided 1/7 share in the said properties and that all other daughters and sons were entitled to the remainder portion. It was also contended that Item Nos.2 and 3 were ancestral properties which belonged to the father of V.Nagammal, T.Venkatakrishnan Mudaliar and they were therefore not the absolute properties of V.Nagammal and that all the children have a share in the said properties.

6.It had been further contended that the testatrix knew only Tamil language and the Will was in English and it had not been stated that the contents had been read over and translated to the testatrix. It had been further contended that the testatrix was living along with her two sons and her last daughter and in the year 1988 there was a dispute between the two sons and the testatrix and consequently, there was an oral partition of the property where they were residing. It had been further contended that the testatrix was made to execute the Will during her troubled state of mind. She was under the influence of the plaintiff G.Hemachalam. It was therefore contended that the petitioner / suit should be dismissed.

7.As already stated, G.Somasundaram was impleaded as 2nd defendant in the suit. Subsequently, he also filed his written statement wherein, he contended that his mother V.Nagammal died on 20.12.1997 at Aysha Hospital, Chennai and had been suffering from various