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2001 Supreme(Mad) 611

M.CHOCKALINGAM
P. Sivasubramaniam, Plaintiff – Appellant
Versus
S. Karthikumar and Another, Defendants – Respondent


Appearing Advocates:Vijayaraghavan For M/s. P. B. Ramanujam, Plaintiff, P. M. Bhanskaran, Defendants, Advocates.

Judgment :-

This suit has been filed for the issuance of a Probate in respect of the Last Will and Testament of late N. Savitri executed on 29-12-1992.

2. Plaint averments are as follows :

The defendants are the son and daughter of late Mrs. N. Savitri. Savitri died on 5-2-1994 at No. 7, Solaiappa Naicken Street, Madras-7. The testatrix executed her Last Will and Testament on 29-12-1992 at the said address in the presence of two witnesses, who are well known to the testatrix. Plaintiff is the sole executor appointed under the Will. The testatrix died leaving behind her the plaintiff-husband, first defendant-son and the second defendant-daughter. The testatrix bequeathed four items of movable properties mentioned in the Will. Plaintiff undertakes to duly administer the properties and credits of the testatrix. Hence the suit.

2-A. The second defendant filed a written statement alleging that her mother has not executed any Will during her lifetime. Plaintiff is the father of D2. The testatrix had deposits with various financial institutions including Purasawalkkam Permanent Fund. The husband of the testatrix, the plaintiff herein was attending to all these transactions and he used to tak




























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