R.GOPINATH Vs. S.NITHYA DEVI

JUDGEMENT

(1.) This application has been filed seeking to revoke the letters of administration granted by this Court on 15/12/2020 in favour of S.Nithya Devi, the petitioner in O.P.No.559 of 2018. The applicant is the maternal uncle of S.Nithya Devi in whose favour the letters of administration was granted by this Court in respect of a Will dtd. 23/4/2008 executed by her grand mother Poora Devi who died on 5/1/2017.

(2.) Under the Will dtd. 23/4/2008, the testatrix Poora Devi, the deceased bequeathed the subject property in favour of her grand daughter S.Nithya Devi who sought for grant of letters of administration of the said Will in O.P.No.559 of 2018 and this Court granted the same in her favour on 15/12/2020. While granting the letters of administration, this Court had taken into consideration the oral evidence of PW1 - S.Nithya Devi, the respondent herein and PW2 " Lalitha, one of the attesting witnesses to the Will dtd. 23/4/2008 as well as the consent affidavit given by Malini Sivakumaran, the mother of S.Nithya Devi, giving no objection for grant of letters of administration in favour of S.Nithya Devi.

(3.) The original petition seeking for grant of letters of administration was filed in the year 2018 and since the other legal heir of the deceased testatrix did not give his consent for grant of letters of administration in favour of S.Nithya Devi, notice was ordered to Mr.Gopinath, the son of the deceased Poora Devi who is the applicant herein. The applicant received the notice in the month of December 2019. Only after the application was duly served in O.P.No.559 of 2018, this Court granted the letters of administration on 15/12/2020 in favour of S.Nithya Devi.