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2010 Supreme(Mad) 975

G.M.AKBAR ALI
G. Wilson – Appellant
Versus
Stella Mary & Another – Respondent


Advocates Appeared:
For the Appellant:D. Sadhasivan, Advocate.
For the Respondents:R1 -N. Krishnaveni, T.R. Rajaraman, Advocates.

Judgment :-

1. The appeal is preferred against the judgment and decree dated 25.03.1992 made in O.P.No.82 of 1989 on the file of the District Judge, Kanyakumari District at Nagercoil.

2. Theproposed O.P. was filed by the first respondent herein in respect of Will dated 11.05.1987 executed by one Gunamudayan.

.3. The brief facts of the case is as follows:

.The first respondent is the wife of Gunamudayan. The petitioner and the second respondent are daughter and son of the said Gunamudayan. While the said Gunamudayan was in sound state of mind, he had executed the Will dated 11.05.1987 bequeathing the property mentioned therein in favour of the petitioner and he died on 112. 1988 and therefore, the Will is produced under Section 277 of Indian Succession Act for probate.

.4. The first respondent had no objection in probating the Will. The second respondent contested and stated that the Will was executed under undue influence and it is not genuine one. It is stated that the said Gunamudayan was working in an estate at Nilgris and after his retirement he was under the care and custody of the petitioner. As he was very old and not able to act independently, the petitioner influenced































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