S. GUNASEKARAN Vs. K. KAMALA

JUDGEMENT

(1.) The plaintiff, as the petitioner, has filed a Original Petition in O.P.No.233 of 2008 under Ss. 232, 255 and 276 of the Indian Succession Act XXXIX of 1925, for the grant of Letters of Administration in the matter of last Will and Testament of the deceased P.Somasundaram, father of the petitioner and respondents 1 to 3.

(2.) Against this petition, a Caveat was filed by the Caveators on 9/6/2008 and order was passed by this Court on 24/7/2009 to convert this O.P.No.233 of 2008 into Testamentary Original Suit. Accordingly, this O.P. was converted into Testamentary Original Suit and numbered as T.O.S.No.14 of 2009.

(3.) The brief facts of the case of the plaintiff in T.O.S.No.14 of 2009 (earlier petitioner in O.P.No.233 of 2008) are as follows:- Plaintiff and the defendants 1 to 3 are siblings and they are the children of deceased P.Somasundaram and deceased Subbulakshmi. Their mother Subbulakshmi predeceased their father. Their father P.Somasundaram died on 19/7/2007 leaving the plaintiff and defendants as his surviving legal heirs. Their father executed a Will dtd. 9/11/2006, at his residence at No.101, 1 st Avenue, Indira Nagar, Adyar, Chennai-20, in the presence of attesting witnesses. Under the said Will dtd. 9/11/2006, the deceased P.Somasundaram had bequeathed his self acquired immovable properties at Chennai and Madurai and movable properties to the plaintiff and defendants equally. This suit is filed for the grant of Letters of Administration in respect of the Will dtd. 9/11/2006 of late P.Somasundaram only with respect to his immovable property at Chennai. All the next of kin and other interested persons are impleaded as parties. The plaintiff, therefore, prays for Letters of Administration in the matter of last Will and Testament of the deceased P.Somasundaram.