PRABHA SRIDEVAN, G.M.AKBAR ALI
Pushpa Bala Jagam – Appellant
Versus
K. Ananda Kumar & Others – Respondent
G.M. AKBAR ALI, J.,
1. The appeal filed against the order dismissing the suit in TOS No.40 of 1993. The plaintiff, who filed a petition under Sections 222, 255 and 276 of the Indian Succession Act, 1925 to grant probate, which was converted into testamentary original suit, is the appellant before this Court.
2. The appellant claims that she is 2nd wife of one K. Jagam who died on 212. 1982. The 2nd respondent is the first wife and the respondents 1 and 3 are her children. The appellant has a son named K. Deepak through the said Jegam. According to her, while the said K. Jagam, was taking treatment in the General Ward of the Government General Hospital, Chennai, executed his last Will and Testimony dated 112. 1982 in the presence of two attesting witnesses, bequeathing the suit property in favour of her son K. Deepak. The appellant attempted to obtain Letter of Probate and since the respondents filed caveat, the original petition was converted into Testamentary Original Suit. The respondents resisted the claim of the appellant by stating that the said Jagam never executed a Will. They have also pleaded undue influence and coercion. However, they denied the relationship o
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