The execution of a Will must be proven without any suspicious circumstances; failure to prove a Will allows a legal heir to claim property rights despite not joining beneficiaries.

JUDGMENT :

P. DHANABAL, J.

This Second Appeal has been preferred as against the decree and judgment passed by the First Additional District Court, Salem in A.S. No.5 of 2011 dated 11.06.2014, wherein the First respondent filed the Suit for declaration declaring that the Suit properties absolutely belong to the Plaintiff and for granting permanent injunction restraining the defendants from interfering in the possession of the Plaintiff over the Suit properties. The Suit was decreed. Aggrieved by the said decree and judgment, the legal heirs of the defendants have preferred an appeal in A.S. No.5 of 2011 on the file of First Additional District Judge, Salem on various grounds and the said appeal was also dismissed by confirming the decree and judgment passed by the trial Court. Aggrieved by the said decree and judgment, the present second appeal has been filed by the appeal.

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

The Suit property originally belonged to one Subramanian, who is the brother of the Plaintiff. The defendant is the maternal uncle of the Plaintiff. The Plaintiff’s mother Krishnammal and his brother Subramanian were residing in the residence of the defendant. The said Subramanian was working in the Electricity Board, Mettur Thermal Power Station. During 1996, the said Subramanian was attacked with paralysis and he died on 17.04.1997 as a bachelor. Thereafter, the Plaintiff maintained her mother Krishnammal till her death. At the time of death of the said Subramanian, the defendant and his men took the original documents of the said property and refused to return the same to the Plaintiff and also promised to return the same, whenever it requires by the Plaintiff. Even after the death of the Plaintiff’s mother, the defendant refused to handover the documents. In spite of repeated efforts taken by the Plaintiff to get the original documents, the defendant has not co-operated for the same. Now, the defendant is trying to sell the property. The Plaintiff is the only legal heir of the said deceased Subramanian and he is the original owner of the Suit property. While so, the defendant tried to sell the property, thereby the Plaintiff filed the Suit for declaration and permanent injunction.

3. The brief averments of the Written statement filed by the defendant are as follows:-

The relationship between the parties is admitted. The said Subramanian was taking treatment under various Doctors. After surgery, he got severe pain in the back and he went to Manipal for taking treatment and surgery was done and after returning from Manipal, he went to the Plaintiff’s house at Thammampatty. The said Subramanian shifted to field house of the defendant and the son of the defendant namely Cheran, helped to the said Subramanian. While so, he died on 17.04.1997. The defendant is the brother of Krishnammal and the Plaintiff did not maintain his mother. The said Subramanian purchased the property and all the original documents were with him. Neither the Plaintiff nor Krishnammal approached the defendant for original documents. The said Subramanian while in sound disposing state of mind, executed a registered Will dated 10.02.1997 bequeathing the property in favour of the defendant and another Subramani and others. The Plaintiff’s mother Krishnammal also executed a registered Will in respect of the property, while she was in sound state of mind. After death of Krishnammal dated 24.06.1999, the Will came int