RAHUL SADAGOPAN Vs. N. SHANKARA SUBRAMANIAM

JUDGEMENT

(1.) This application has been filed to revoke the letters of administration granted by this Court by an Order dated 18.12.2002 in respect of the Will dated 23.10.1985.

(2.) The brief facts of the applicant case is as follows : It is stated in the application that the applicant's maternal grand mother and grandfather owned properties, both movable and immovable. The applicant's grand father died on 08.03.1979. After his death, the properties devolved on his wife Meenakshi, grandmother and his children, Uma, Rajeshwari and Shankarasubramaniam, applicant's mother, aunt and uncle respectively. After the death of the grand mother, all the properties devolved upon the three legal heirs namely, Uma, Rajeshwari and Sankarasubramaniam. The applicant was informed by his father that his uncle Shankara Subramaniam had approached his father with a story that the applicant's grandmother left behind a Will and the applicant's consent is required for the same. In the year 2000, the applicant was informed by his father that his uncle did not pursue the matter any further and the matter was dropped. The applicant became a major in the year 2001. The applicant heard nothing more of the matter until 2014. After the death of his uncle Shankara subramaniam on 04.07.2014, the applicant requested his uncle's children for division of the grandmother's properties. Initially there were no response. Thereafter, the applicant was informed that his grand mother has executed a Will bequeathing all her properties to the deceased first respondent. To the best of knowledge of the applicant, no Will could have been executed. As the applicant has suspected foul play, he engaged a counsel to enquire into the matter in the year 2014 for the purpose of filing revocation of the letters of administration. The bundle was misplaced in the office. Only in the year 2015, the counsel gave a consent vakalat to the applicant. Therefore, the present application has been filed through the present counsel. From enquiry the applicant came to know that at the time of filing the Original Petition, the applicant is deliberately shown as a minor, when he was a major. His father Sadagopan appears to be shown as his next friend. In the Original Petition his consent is also said to have been obtained from his father on 11.02.2002. The applicant is shown to be represented by his father and next friend. When in reality he became major on 06.06.2001. There is no application filed by the petitioner in the Original Petition to appoint his father as his next friend. Hence, it is his contention that the consent affidavit is rank forgery and the letters have been obtained by playing fraud on the Court. Hence, prayed for revocation of the letters of administration.

(3.) It is stated by the respondents 4 and 5 that Will is valid and the Will was proved by examination of the attesting witnesses. The Original Petition has been ordered on 18.12.2002. At the time the Original Petition was filed, the applicant and his father were living together and the application was filed with an ulterior motive to coerce the respondents to part with monies. The applicant was fully aware of the Will of Mrs.Meenakshi and about the Order passed in the above Original Petition. The applicant is now trying to harass the respondents and their mother by filing this application with false allegations knowing them to be false. The applicant and his father was aware of the proceedings in 2000 itself and they were also aware of the fact that based upon the the letters of administration, the first respondent has dealt with the property and executed registered settlement deeds in their favour. The applicant's father has sworn to an affidavit dated 17.02.2000 itself. The applicant has become major in 2001 and he heard nothing more of the matter until 2014 is false. But he was aware of the entire aspects and the properties have been dealt with by the father. Now this application filed after 15 years is not maintainable in law. Hence, prayed for dismissal of the application.