- (1.) This appeal arises against the grant of Letters of Administration to the Will dated 31.7.1986 of one Dr. S. Gurubatham.
(2.) The first respondent is the youngest son of the deceased and was the petitioner before the Lower Court. He moved a petition in PR. O. P. No. 9 of 1996, on the file of the First Additional District Judge, Salem. under section 278 read with section 234 of Indian Succession Act, 1925, towards proving a Will in common form and sought grant of Probate in his favour in respect of properties bequeathed to him by his father Late Dr. S. Gurubatham. The respondents were the three daughters of the deceased Testator and three sons of a predeceased son of the Testator, who had died on 15.8.1994.
(3.) The Will dated 3.6.1980 was a holographic Will, and had been registered on 8.7.1980. Under the Will, the first/respondent/petitioner was given a hospital building which belonged to the Testator since he had practised with the Testator and helped to establish the Gurubatham Eye Hospital. While one of the sisters was not granted any property under the Will, since the Testator had helped her in building a house, the other sisters were bequeathed house property which had belonged to the wife of the Testator, who had predeceased him. The elder son of the Testator did not obtain any benefit under the Will since the Will informed of his having been provided with a farm and house at Omalur, which had been sold by him. The Executor appointed under the Will predeceased the Testator. The three daughters of the Testator filed a Memo informing their consent to grant of probate in favour of the Fist Respondent/Petitioner. The Second Appellant herein filed a counter informing the Will to be the outcome of undue influence and threat. The appellants 1 and 3 herein adopted the same.;