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1997 Supreme(Mad) 594

K.SAMPATH
M. S. Saraswathi – Appellant
Versus
M. S. Selvadurai – Respondent


Advocates Appeared:
For the Appellant:K. Rajagopal, Advocate.
For the Respondent:K. Bijoy Sundar, Advocate.

Judgment :-

1. This is an application filed by the plaintiff to discharge the caveat filed by the defendants.

2. The affidavit filed in support of the application runs as follows:

(a) O.P. No. 471/88 on the file of this Court is for grant of probate in respect of the Will dated 1-11-1987 executed by the deceased Saravanan. Three of the daughters had given their consent for grant of probate. Citation was issued to two of the sons of the applicant, namely, M.S. Selvadurai and M.S. Rajakumar, who are the defendants who entered caveat and are contesting the proceedings. The third son Ravi Shankar is not opposing the probate. In view of the objections raised by the respondents O.P. No. 471/88 was converted into T.O.S. No. 8/90.

(b) The respondents have filed their written statement and in para 3 they have stated as follows:

“At the outset, these defendants submit that the plaintiff had no locus standi to probate the Will alleged to have been executed by her husband Mr. M.S. Saravanan as she had not been vested with any absolute interest in the alleged Will. These defendants submit that a clear reading of the alleged Will would go to show that the property bearing No. 115, T.S.V. Koil str


























































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