LAWS(MAD)-1991-3-11

RUTH ANNAMALAI Vs. VALLIAMMAI ACHI

Decided On March 21, 1991
RUTH ANNAMALAI Appellant
V/S
VALLIAMMAI ACHI OF LATE AL.ANNAMALAI Respondents

JUDGEMENT

(1.) On 4-3-1988 the plaintiff filed the O. P. No. 197 of 1988 under Ss. 222 and 276 of the Indian Succession Act, 1925 read with O. XXV, Rule 4 of the Original Side Rules. In the said petition, the petitioner sought to prove the writing propounded by her as the last Will and Testament of Dr. A.L. Annamalai, one of the very eminent and leading medical practitioners in Tamil Nadu who passed away on 12-5-1987 at Madras. The prayer in the O.P. is to prove the Will in comon form and for grant of probate to have the effect throughout India. In the petition she has described herself as a Christian and claims to be second wife of the deceased and avers that the estate of the deceased was governed by the Hindu Succession Act. In paragraph No. 7 of the original petition she has stated as follows :-

(2.) Admittedly, the caveators/ defendants are the wife and son of the deceased Dr. A.L. Annamalai. The writing attributed to Dr. Annamalai as his will reads as under :-

(3.) It further adds, "I am bequeathing all my properties to her for her to enjoy them absolutely for ever, in view of my natural love and affection for her and our close personal relationship."