PAILY KORAH Vs. DR. ANN ZACHARIA

JUDGEMENT

(1.) Paily and Annam had four children - three sons Kora, Kuruvila and Varghese, (herein after referred to as "sons"), and one daughter Rachel (herein after referred to as "daughter"). Paily and Annam executed a joint Will on 26.11.1997. Annam died on 29.12.2003 and Paily on 06.12.2011. The sons and the wives of two of the sons namely, Jolly wife of Kuruvila and Sali wife of Varghese, are legatees under the Will. They filed LAOP 279/16 before the District Court seeking Letters of Administration in respect of the Will. Rachel-the daughter is the respondent in the LAOP. The daughters of Rachel, three in number namely Ann, Mareena and Elizabeth (herein after referred to as "grand daughters"), filed applications as I.A. Nos.3132/16, 6621/16 and 6745/16 seeking to get themselves impleaded in the LAOP. The applications were originally dismissed by the learned District Judge. Thereafter, on review applications filed by them, they were impleaded in the proceedings. Challenging the said order, the petitioners in the LAOP are before this Court.

(2.) Heard Senior Counsel Sri.N.Sukumaran on behalf of the petitioners and Sri.M.M.Mathew, learned counsel appearing on behalf of the respondents.

(3.) To come on record in a Letters of Administration proceeding, what is relevant is, whether the person who seeks to come on record has a "caveatable interest" in terms of sections 283 (1)(c) and 284(1) of the Indian Succession Act, or not. sections 283 (1)(c) and 284(1) of the Indian Succession Act reads thus: