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2017 Supreme(Mad) 1402

N.SATHISH KUMAR
Kasthuri Bai – Appellant
Versus
V. Ashok Kumar – Respondent


Advocates Appeared:
For the Plaintiff : Mr. P. Balaji
For the Defendant : Mr. P. Balaji, Mr. S. Parthasarathy, Mr. S. Parthasarathy

JUDGMENT :

N. Sathish Kumar, J.

The petitions originally filed for the grant of Letters of Administration have been converted as suits in view of the caveat filed by the respective defendants therein.

2. Since the subject matter of both the Will relates to the same properties and parties are one and the same, common judgment is being passed. For the sake of convenience, the facts have been culled out from testamentary Suit No.6 of 2005.

3. The brief facts of the plaintiff's case are as follows:

(i) According to the plaintiff, the testatrix died on 30.05.1998 leaving Last Will and Testament, which was duly executed by her on 27.12.1993, in the presence of two witnesses. The plaintiff is one of the beneficiaries under the Will. In the Will, the deceased bequeathed her immovable property, namely, House property, situate in Royapettah, Chennai, in favour of her daughters and grand son. Similarly, the deceased bequeathed the other property, situate in Chella Pillayar Koil Street, Chennai, to V.Pandarinatha Rao and V.Ashok kumar, which does not belong to the testator at all.

(ii) The amoun
























































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