S MARY FATHIMA Vs. ANNA MARY VIJAYA

JUDGEMENT

(1.) THIS is a petition presented under Section 302 of the Indian Succession act ('the Act' for short) by one of the beneficiaries under a Will dated 4-10-1965 left behind by one Sri Singaroyan s/o late J. Savarinayagam Pillao, praying for issue of directions to the administrators of this will namely Dr. Miss. Josephine Dominick, m. B. B. S. , D. G. O. , r/at No. 15, Hospital road, Civil Station, Bangalore, d/o late Dr. S. Bagianathan, the brother of the testator and Sri. K. Arokia-swamy s/o late Sri kankickam, r/at No. 75-G, Main Street, jopugpalyam, Ulsoor, Civil Station, Bangalore-8, the husband of step-sister of the testator to ensure compliance with the intentions of the testator as per the will for distribution of the properties under the Will executed by the testator and in terms of the order of probate dated 28-3-1978 granted in Prob. and Succession Case No. 7/1978 on the file of the Court of the City Civil Judge at Bangalore.

(2.) THE case of the petitioner is that the petitioner and respondents are the children of one Joseph alias Susairaj that the said susairaj had a step-brother by name singaroyan; that the children of Joseph susairaj were brought up by the said singaroyan who had left behind a Will as indicated earlier, under which the properties of the testator which remain after giving effect to the various wishes of the testator, should be shared amongst the three children of Joseph alias Susairaj; that the administrators of the Will had sought for issue of letters of administration by filing P and S. C. 7/1978 before the City Civil Court at Bangalore and that an order had been passed in those proceedings ordering furnishing of inventory' and accounts by the administrators. The further pleading is that the administrators never gave effect to the wishes of the testator; that instead, they acted in violation and contrary to the terms of the Will; that the administrators, perhaps in collusion with the second respondent, the brother of the petitioner and one of the beneficiary under the Will who is also entitled for 1/3rd share in the estate of the testator, executed what is known as the "deed of transfer of Trust" on 9-8-1978, under which they have purported to transfer the remaining property namely the house at Nos. 11 and 12, Murugesha Mudaliar Road, Frazer town, Bangalore, in favour of the second respondent and the administrators having not put the petitioner in possession of the petitioner's 1 /3rd share in the properties of the testator, this petition is filed praying for issue of directions to the Administrators to ensure compliance with the mandate of the testator and the terms of the Will.

(3.) THE petition is contested only by the second respondent. Objections are filed by the second respondent. The first respondent, a sister of the petitioner who is served and is represented by Counsel, has not opposed the petition or the prayer.