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1992 Supreme(Mad) 225

MISHRA, SWAMIDURAI
A. K. Gopal and others – Appellant
Versus
S. Vasanthan and others – Respondent


Advocates:
P.Veeraraghavan, for Appellants. G.M.Nathan, for Respondent Nos.1 and 2. P.Seshadri, for Respondent Nos.3 to 6.

Judgment :-

Mishra, J.

The caveators/defendants in a testamentary proceeding have appealed questioning the grant of probate of the last Will and Testament of late K.Kulasekaran alias A.K.Sekhar who died on 6th August, 1976. Under the said Will Sekhar bequeathed certain properties to his three daughters appointing two sons-in-law as executors of the Will.

The Will had been deposited in the Bank of Baroda by the testator himself.

2. In response to the citation issued, the appellants who are the sons of the testator A.K.Sekhar contested the case of the bequeath to the daughters only alleging that there was no occasion for the testator to execute the Will in their favour since he had already gifted jewels and cash to them. They brought on record the fact that in the year 1972, the testator had executed settlement deeds and gifted one house each to his four sons. He never thus, according to them intended to give any property to his daughters and alleged that the Will must have been obtained by the sons-in-law and the daughters exercising undue influence and compulsion upon the testator and that the Will could not have been written by their father with the free mind and without any press




















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