R.SARALA Vs. K.S.MOHAN

JUDGEMENT

(1.) Application No.3515 of 2012 is filed by two applicants, i.e., 5th and 3rd respondents in the O.P., seeking for rejection and dismissal of the O.P.No.731 of 2011. Application No.3516 of 2012 is filed by the first respondent for the very same purpose. Counter affidavits have been filed by the respondents/ original

(2.) It is seen from the records that the original petitioners filed the original petition seeking for the grant of the letters of administration with a Will, dated 11.12.1996 annexed in favour of the petitioners being the legal heirs of the deceased and legatees under the said Will executed by late S.M.Subramaniam Chettiar, having the effect limited to the State of Tamil Nadu. The O.P was admitted on 16.12.2011. Even during the pendency of the O.P., the first respondent filed a caveat in Caveat No.371 of 2012 together with supporting affidavit of objection. Similarly, respondents 3 and 5 also filed a caveat in Caveat No.459 of 2012 together with an affidavit of objection. Even before they could be considered, the two applications have been taken out.

(3.) It is the stand of the first respondent in A.No.3516 of 2012 that she is the daughter of late S.M.Subramaniam Chettiar, who admittedly died on 15.12.1996. According to her, her father died intestate. She had filed a suit in C.S.No.524 of 2007 seeking for partition of the property left behind by her father. One of the properties left behind by her father is situated within the jurisdiction of this court, i.e., in T.Nagar, Chennai. She had demanded for partition of the property left behind by her father. As her brothers did not effect partition, she had issued a legal notice on 18.04.2003. Inspite of the same, no partition was effected. Therefore, she filed C.S.No.524 of 2007 on 21.3.2007 before this court. The original petitioners' allegation that the Will was left behind by their father on 11.12.1996 was not genuine. Since she had issued a notice on 18.04.2003, the petitioners should have filed a petition either for probate or for letters of administration within a period of three years. In view of the mandatory provision of Section 213(1) of the Indian Succession Act, the right to apply begins on the date of the death of the testator and the proceedings for the grant of probate or letters of administration should have been filed within three years from 15.12.1996. Further, no petition for the grant of probate or letters of administration was filed within three years from the date of filing of the suit in C.S.No.524 of 2007.