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2001 Supreme(Mad) 630

M.CHOCKALINGAM
Sampathlakshmi and Others, Plaintiffs – Appellant
Versus
E. A. Murthy, Defendant – Respondent


Appearing Advocates:S. Y. Raghuraman, Plaintiffs, T. R. Sethuraman For Defendant, Advocates.

Judgment :-

This suit has been filed for issue of a probate in respect of the last Will and Testament of E. Ponnambal wife of late Dr. A. Ekambaram, executed at Madras on 19-11-1990 in the presence of the witnesses.

2. The plaintiffs have alleged in the plaint that E. Ponnambal was ordinarily residing at No. 54, IV Main Road, Gandhinagar, Adyar, Madras and she died at Sivaram Nursing Home, Adyer, Madras. She left behind her one son viz. E.A. Murthy and three daughters viz. Sampathlakshmi, Vatsala and Ahalya as legal heirs. They are only entitled to the assets of the deceased under the Will. The jewels have been divided and given to the grand children. The last Will and Testament of the deceased was duly executed by her at Madras on 19-11-1990 in the presence of the witnesses and it has been registered at the Sub-Registrar's Office at Virugambakkam. Plaintiffs are the executors appointed under the Will. Hence the suit.

3. The defendant filed a written statement alleging that he is the only son of E. Ponnambal. The Will in respect of which probate is sought for is not a genuine one as will be evident from various circumstances. He was 17 when his father passed away in 1954. His father





























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