T.RAMAPRASADA RAO
Andal Ammal, In re – Appellant
Versus
Party propounding the will taking benefit under the will — Defendant who alleges suspicious circumstances of the execution of the will to prove the fact of undue influence — Burden not discharged by the – Respondent
The Plaintiff in this suit filed O.P. No. 35 of 1966 for the grant of Letters of Administration with the will annexed to the property and credits of he deceased father Rayapadi Nallasubbaiya under section 232 of the Indian Succession Act and under the relevant rules framed in the Original Side of this Court It was sought to be proved in the common form but as persons interested came on record and attacked the validity of the will, it because necessary for the plaintiff to prove, the will in solemn form. The defendant having entered a caveat and opposed the grant, the Original Petition was converted into a Testamentary Original Suit, T.O. S. No. 7 of 1966, and this is the suit which is now being adjudicated upon
The plaintiff’s case is that Exhibit P-2 is the last will and testament of her father Rayapadi Nallasubbaiya and the said will was executed by him duly at Madras on the 16th day of February, 1955 in the presence of witnesses and the same has also been registered in the office of the Sub-Registrar of Sowcarpet as Document No. 3 of 1955 in Book III. The deceased left, besides the plaintiff, another daughter Chengammal who is the defendant in this action. The plaintiff st
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