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2002 Supreme(Mad) 751

M.CHOCKALINGAM
P. N. Thanikachala Chettiar (died) & Others – Appellant
Versus
G. Hemavathi & Others – Respondent


Advocates Appeared: For the Appellant:Mr. R.Natarajan for Mr.Manicka K.Ramalingam. For the Respondent: Ms.Manjula for Mr.S.D.Balaji.

Judgment :-

The suit in TOS No.5 of 1995 is filed for the issuance of probate in respect of the Will dated 22.11.1991 executed by P.T.Thiruppurammal.

2. The suit in Tr.C.S.No.556 of 2001 is filed for partition of the plaint schedule property, mesne profits and for costs.

3. The plaint averments in TOS No.5 of 1995 are as follows:

The deceased P.T.Thiruppurammal executed her last Will and Testament on 22.11.1991 in the presence of the witnesses. She died on 17.3.1992. The petitioner is the executor of the Will and he is also one of the beneficiaries. The petitioner has impleaded all the next kin or other persons interested as party/respondents. The petitioner undertakes to duly administer the property and credits of the deceased P.T.Thirupurammal and in any way concerning her will be paying first her debts and then the legacies therein bequeathed so far as the assets will extend and to make a full and true inventory and exhibit the same into Court. Hence, this suit has been filed for the issuance of probate in respect of the Will executed by the deceased P.T.Thirupurammal.

4. The averments in the written statement filed by the defendants 1 to 3 are as follows:

The deceased Thirupurammal




























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