LAWS(MAD)-2012-11-9

J.S.RAJKUMAR Vs. SHYNA PAUL

Decided On November 08, 2012
J.S.RAJKUMAR Appellant
V/S
Shyna Paul Respondents

JUDGEMENT

(1.) THIS application is filed by a third party to the Original Petition seeking to revoke the letters of administration granted in O.P.No.520 of 2004 vide order dated 14.6.2007 in favour of the first respondent. On notice being served, a counter affidavit has been filed by the first respondent, dated 12.10.2012. The first respondent also filed a written submission.

(2.) HEARD the arguments of Ms.S.Geetha, learned counsel appearing for the applicant and Mr.G.Ilamurugu, learned counsel appearing for the first respondent / original petitioner.

(3.) THIS applicant claims that the schedule property is a flat in a residential complex situated in New Door No.10, Valliammal Street, Kilpauk, measuring an extent of 480 square feet of undivided share out o an extent of 4800 sq.ft. The entire extent of land was purchased by the testator Dr.V.M.Chandrahas from one A.V.Gopinath and A.V.Jayakumar through their power agent Mr.Ashish Nanda by way of a registered sale deed dated 27.12.2000. Subsequently, he had constructed a flat to an extent of 1000 sq.ft. through one Mahalakshmin Enterprises. The testator was a Gastrointestinal surgeon. The applicant is running hospitals under the name and style of Rigid Hospitals and Life Line Hospitals. He is the Chairman and Chief Surgeon of the said hospitals. The testator was the family friend of the applicant's father and known to the applicant from his childhood. He used to regularly attend the testator during his ailment and used to take care of his health. His wife predeceased him without any issue in the year 1997. The testator had voluntarily executed a gift deed on 16.7.2001 which was registered as a document in the Sub Registrar Office, Periamet, Chennai in his favour in respect of the said property while he was in a sound and disposing state of mind with full power of alienation. He had handed over the duplicate set of keys of the flat thereby giving symbolic possession. He reserved his right to reside in the flat till his life time and only thereafter, the applicant was entitled to take the physical possession and can enjoy the property. He had also delivered the original title deeds and other connected records pertaining to the property on the same day. The testator died on 17.3.2002 in the same flat.