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2023 Supreme(Mad) 1720

R. N. MANJULA
Jeevanandam – Appellant
Versus
G. Babu Rao(deceased) – Respondent


Advocates appeared:
For the Plaintiff:G. Saravanan, Advocate. For the Defendants:S. Sivakumar, D3 to D6, M/s. P. Gopiraja, Advocates.

JUDGMENT

(Prayer: Testamentary Original Suit filed filed under Sections 222 and 276 of the Indian Succession Act, XXXIX of 1925, prayed that for granting of Probate.)

1. This Testamentary Original suit is filed by the adopted son of the testatrix for the grant of Probate.

2. The averments of the Plaint in brief:

The defendants 3 to 6 are the wife and three daughters of the deceased 1st defendant and they are the grand children of the sister of the testatrix. The husband of the testatrix pre-deceased her.

2.1. The property belongs to one Parvathi Bai who is the testatrix herein. Parvathi Bai had executed her last registered Will and testament in respect of the property on 04.08.1988. Parvathi Bai died on 07.05.1989. The property is a self acquired property of the said Parvathi Bai. In the said Will, the testatrix appointed the plaintiff as the executor of the Will and hence, he is entitled to apply for the Probate of the Will. The 2nd defendant admits the execution of the Will and its contents. Original Will is furnished by the 2nd defendant in the Court and the attesting witness Thulasidass identified the said Will. The second defendant sails along with the p

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