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2019 Supreme(Mad) 3441

R.SUBRAMANIAN
S. Vineeth – Appellant
Versus
S. Saravanan – Respondent


Advocates Appeared:
For the Appellant :Ashok Kumar, Advocate for G. Vinoth Rajan, Advocate
For the Respondent:T. Velumani, Advocate for Swaraj Associates

JUDGMENT :

R. Subramanian, J.

1. The Original Petition in OP No. 153 of 2016 seeking Letters of Administration along with a copy of the Will annexed for the last Will and testament of late S. Geetha dated 14.08.2015, has been converted into a Testamentary Original Suit, upon caveat filed by the respondent, who is the husband of the testator/father of the petitioner.

2. The case of the petitioner in short is as follows:

The testator S. Geetha was possessed two residential apartments, which were settled down to her by her mother at the time of her death on 18.08.2015. She died at Apollo Hospital, Chennai, within the jurisdiction of this Court. According to the petitioner, she had executed a Will on 14.08.2015, while undergoing treatment at the Hospital, bequeathing the said two residential apartments in favour of the legatee/petitioner, who happens to be her only son. Though the said S. Geetha was literate knowing to sign she affixed her thumb impression, since she was unable to subscribe her signature to the Will. The Will was duly executed in the presence of two attesting witnesses, namely, T.R. Srinivasan and B. Siva Kumar. The second attesting witness B. Sivakumar, happens to be a si

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