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2006 Supreme(Mad) 1042

M.THANIKACHALAM
B. Karunanidhi – Appellant
Versus
B. Umakeswaran – Respondent


Advocates Appeared:For the Petitioner:R. Subramanian, Senior Counsel for M/s. R. Sivakumar, G. Sukumar, Advocates. For the Respondent:G. Mohanarangan, P. Anbarasu, Advocates.

Judgment :-

The suit is one aiming to get Letters of Ad­ministration, based upon a Will, said to have been executed by one S.A. Balu Naicker, who expired on 14.6.1987.

2. S.A. Balu Naicker and Muniammal are the parents of the plaintiff, defendant and one Manomani (the first respondent in the O.P. and not a party to the TOS, since not contested), the plaintiff and the defendant being the sons, the said Manomani being the daughter. According to the plaintiff, S.A. Balu Naicker had executed the Will, bequeathing his properties, on 9.9.1983, which is duly attested and thereafter, he died on 14.6.1987. The mother of the parties, Muniammal, also died on 25.9.1995, after the death of Balu Naicker. When the Original Petition was filed by the plaintiff, seeking to issue Letters of Administration, annexing the Will, in his favour, as against the defendant and the said Manomani, since the defendant filed the caveat, the O. P. was converted into this TOS.

3. The defendant, in his written statement, would contend that in the property covered under the Will, he is entitled to half share, since he had also contributed funds to build up the, superstructure; that pursuant to the same, even during the






















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