The court ruled that the plaintiff failed to establish the genuineness of the Will, which was riddled with inconsistencies and raised suspicions regarding the testator's mental capacity.

J U D G M E N T

This Testamentary Original Suit has been filed to grant of probate with the Will, dated 08.02.2012, executed by the deceased Testator V. Krishnamurthy. annexed, in favour of the Plaintiff as the sole executor of the Will, having effect throughout the State of Tamil Nadu.

2.The case of the Plaintiff, as set out, in the plaint is as follows:- (i). The last will and testament was duly executed by the deceased Mr.V. Krishnamurthy, at No.25/9, Chetty Street, West Saidapet, Chennai 600 015 on the 8th day of February 2012 in the presence of the witnesses whose names appear at the foot thereof, and the same had been registered as Document Number 3 of 2012 on 09.02.2012, before the Sub- Registrar, Joint-II, Saidapet, Chennai. Mr.V. Krishnamurthy died on 28.02.2012. His parent predeceased to him. The petitioner is wife of the deceased, the first and second respondents were daughter and younger son of the deceased. The late Venkatesan who is the elder son of the Testator herein and he predeceased to the Testator on 23.08.2006 since his wife and minor son have been arrayed as third and fourth respondents who were daughter-in-law and grandson of the Testator.

(ii) The amount of the assets which are likely to come to the petitioner hands does not exceed in the aggregate the sum of Rs.34,92,700/- and the net amount of the said assets, after deducting all items which the petitioner is by way allowed to deduct is of the value of Rs.34,92,700/-. The petitioner has impleaded all the next of kin or other persons interested as respondents. No application has been made to any district court or delegate or to any other High Court for the probate of any will of the deceased or Letters of Administration with or without the will annexed of his property and credits.

(iii) The petitioner hereby undertakes to duly administer the property and the credits of the deceased V.Krishnamurthy and in any way concerning his will by paying first his 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 Court within six 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.

(iv)The said Will was kept safely in the bureau. When the petitioner demolished the old building for construction of a new building in the said property, they shifted all the articles, during the course of shifting, the above said Will was misplaced. Fortunately, the Will was found in the locked trunk-case of the deceased which is the reason for delay in filing the proceedings to probate the Will. Hence, this Testamentary Original Suit.

3.The case of the 1^st Defendant, in a nutshell, as set out in her written statement, and the same was adopted by the defendants 2 and 3 by filing a memo, is as follows:

(i) The Testator, Krishnamurthy was suffering from cancer.

Though the plaintiff and the beneficiary namely, Vijayalakshmi, the sister of this defendant very well knows that the deceased Krishnamurthy was suffering from acute cancer and inspite of the best treatment given he could not be saved, as the cancer was in the advanced stage and further treatment would not help the patient to survive. Though this defendant and his family residing in the first floor and his parent ie the plaintiff and the Testator ordinarily residing in the second floor. This defendant and his wife has been taking care and were called upon to assist the deceased Krishnamurthy during his last days. Because of the terminal decease, the Testator Krishnamurthy had been frequently fell subconscious and from the month of January 2012, he was not in a position to