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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
Krithika – Appellant
Versus
Vinoth – Respondent
| Table of Content |
|---|
| 1. claim of 5/7th share in property based on testator's will. (Para 1 , 2 , 5 , 6 , 10) |
| 2. admissibility of wills and evidentiary standards for their validity. (Para 8 , 12 , 14) |
| 3. arguments against the findings of first appellate court regarding the will. (Para 9 , 11 , 13) |
| 4. importance of rigorous proof for the validity of wills. (Para 15) |
| 5. final decision regarding plaintiffs' share and possessory rights. (Para 17) |
JUDGMENT
The appellants herein are the defendants 1 to 4 in the suit in O.S.No.69 of 2006 on the file of Principal Sub-Court, Mayiladuthurai filed by the respondent/plaintiff claiming 5/7th share in the suit schedule property by passing a preliminary decree with meats and bounds.
2. For the sake of convenience, the parties are denoted as per the ranking in the suit.
3. The case of plaintiff is that the suit property originally belongs to their grandfather Saravanan and he had four sons viz., Karunakaran, Vadivel, Nalaboopathy and Baskaran. The plaintiffs herein are the son and daughters of Nalaboopathy. The defendants 1 and 2 are daughters of Baskaran, 3rd defendant is the wife of Vadivel and 4th defendant is the son of Baskaran.
4. Geneological tree is extr
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