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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.Karthikeyan, K.Kumaresh Babu, JJ
Paneerselvam @ Nellappan (died) – Appellant
Versus
Amsavalli – Respondent
| Table of Content |
|---|
| 1. defendants appealed against partition claim. (Para 1 , 2 , 3) |
| 2. dispute over property ownership and will's validity. (Para 4 , 5 , 6 , 8) |
| 3. arguments regarding the proof of the contested will. (Para 11 , 12) |
| 4. importance of compliance with statutory requirements for will validation. (Para 13 , 22 , 23) |
| 5. court's determination on the proof and execution of the will. (Para 24 , 30 , 34) |
JUDGMENT
(Order of the Court was made by C.V.KARTHIKEYAN, J.
The defendants in O.S.No. 149 of 2008 on the file of the Additional District Court / Fast Track Court No.II at Cuddalore are the appellants herein.
2. During the pendency of the Appeal, the first appellant died and his legal representatives have been brought on record as third to sixth appellants. It is to be noted that the first and second appellants are the brothers of the first and second respondents.
3. The first and second respondents had filed O.S.No. 149 of 2008 seeking partition and separate possession of their ½ share in the suit schedule property. The suit schedule property was land and building measuring 3150 square feet at Door No. 5-B/245 at Gangaikondan, Vridhachalam Taluk, Cuddalore. By Judgment dated 27.04.2011,
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