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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Murali Shankar, J
Sakunthala – Appellant
Versus
Karuppathal – Respondent
| Table of Content |
|---|
| 1. factual conflict regarding competing wills and title claims. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. trial and first appellate court procedural history. (Para 8 , 9 , 10) |
| 3. issues regarding valid proof of competing testamentary instruments. (Para 11 , 12 , 13 , 14 , 15) |
| 4. legal standard for proving a will and removing suspicious circumstances. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. failure to prove lost will via secondary evidence. (Para 25 , 26 , 27 , 28 , 29 , 30) |
| 6. standard for valid execution and attestation of contested wills. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 7. absence of possession proof leads to dismissal of claims. (Para 38 , 39 , 40 , 41) |
.JUDGMENT
1.The Second Appeal is directed against the judgment and decree made in A.S.No.84 of 2018 dated 05.08.2022 on the file of the Additional Subordinate Court, Palani, confirming the judgment and decree passed in O.S.No.249 of 2013 dated 05.03.2018 on the file of the District Munsif Court, Palani.
2. The appellant is the plaintiff. She filed the suit in O.S.No.249 of 2013 before the District Munsif Court, Palani, claiming the relief of declaration that the suit properties are belonging to her and for c
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