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2015 Supreme(Mad) 71

P.R.SHIVAKUMAR
Palaniammal – Appellant
Versus
Karuppusamy Sounder – Respondent


Advocates:
Advocate Appeared
For the Petitioner:A.V. Arun, Advocate.
For the Respondents:R.T. Doraisamy, Advocate.

Judgment

1. In a fight between the sister and brothers in respect of succession to the property of the father, two suits came to be filed, the first one being O.S.No. 146 of 2005 on the file of the learned District Munsif, Gobichettipalayam filed by the sister on 27.04.2001 and the other suit being O.S.No. 488 of 2004 on the file of the learned District Munsif, Gobichettipalayam filed on 30.04.2001 by the brothers for declaration of title claimed by the rival parties to one and the same properties.

2. The claim of the sister is based on a Will dated 07.12.1976; whereas the claim of the brothers is based on a Will dated 22.03.2000, both claimed to be executed by Avinashi Gounder, the father of the parties. The suit filed by the petitioner is resisted by the respondents contending that the Will dated 07.12.1976 propounded by the petitioner is a forged one. A similar contention has been raised by the petitioner in the suit filed by the respondents (brothers). Since both the suits have been filed in respect of the estate of the deceased Avinashi Gounder based on the above said Wills, each claiming the respective Will propounded by them to be the last Will and testament of Avinashi sounde












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