ROBERT PRABHAKAR Vs. DAVID EBENEZER

JUDGEMENT

(1.) PLAINTIFF is the Appellant.

(2.) PLAINTIFF had filed the Testamentary Original Suit No.28 of 1988 in the Original Side of the Madras High Court praying for grant of probate in respect of an unregistered Will dated 22.3.1987 allegedly executed by his mother late Mrs.D. Logambal. Defendant / Respondent is the elder brother of the plaintiff. At the time when the petition for grant of probate was filed, i.e., on 18.10.1988, the father of the parties Mr.Dyvadheenam was alive. He has filed an affidavit in support of the plaintiff's case for grant of probate. In the written statement, the case of the defendant is to the effect that the Will was not executed by the deceased mother of the parties and taking advantage of the signature of the deceased in a blank paper, such Will has been subsequently executed by the plaintiff and the plaintiff's brother-in-law (wife's brother). It is also indicated that in March, 1987, the deceased D. Logambal, the mother of the parties, was bedridden as her spinal cord had been badly affected and she was not in a sound and disposing state of mind.

(3.) THERE is no convincing evidence that the defendant was provided with some properties and that is the reason why he is disinherited under the Will.