DATTATREYA Vs. K N SHUBHASHREE

JUDGEMENT

(1.) Petitioners are before this Court, praying to revoke and annul the letters of administration granted by this Court in Probate C.P.No.4/2015 dated 18.01.2016 and to consider the said Probate Petition denovo.

(2.) The petitioners are claiming to be the relatives and legal heirs of the deceased Smt.Lalitha @ Lalithamma. It is the grievance of the petitioners that they were deliberately left out of the probate proceedings before this Court by the respondents to ensure that the order be passed without taking citation to them. It is alleged that as a result of the said fraudulent and defective proceedings initiated by the respondents, suppressing the material facts, the order dated 18.01.2016 came to be passed granting the letters of administration in favour of the respondents. It is further contended that subsequent to the granting of letters of administration in favour of the respondents, a legal notice dated 18.09.2017 has been issued by the respondents calling upon the petitioners to hand over the possession of the premise [one of the property involved in the letter of administration] which has been permitted by Smt.Lalitha @ Lalithamma to live in, being a relative and legal heir.

(3.) Learned counsel Sri.Shrishail A. Hubli appearing for the petitioners reiterating the grounds urged in the petition, submitted that the petitioners are the legal heirs of the deceased Smt.Lalitha @ Lalithamma who died in the year 2014 intestate. It is contended that the petitioners are the son and daughter-in-law of Sri.Subbarao, an elder son of Sri.Srinivas. Deceased Smt.Lalitha @ Lalithamma is one of the daughter of Smt.Nagamma, daughter of Sri.Srinivas. Hence, petitioners are entitled to inherit the property rights of the deceased Smt.Lalitha @ Lalithamma on par with the respondents. Reliance is placed on the judgment of the Hon'ble Apex Court reported in [Basanti Devi V/s. Raviprakash Ramprasad Jaiswal, 2008 AIR(SC) 295] and [Smt.Chunibala Barui and others V/s. Lakshmimani Adhikary and Other, 2005 AIR(Cal) 343].