R.KARUNANIDHI Vs. MAYILVAHANAM

JUDGEMENT

(1.) THE present applications have been filed by one J.Gomathi and R.Karunanidhi respectively to implead them as party respondents in O.P.No.198 of 2013.

(2.) O .P.No.198 of 2013 has been filed by the respondent herein for grant of Letters of Administration in respect of the Will dated 28.3.1987 executed by one K.Shanmugam. In the said OP, it is the contention of the respondent that the deceased K.Shanmugam, the testator of the Will possessed self acquired immovable properties viz., all that piece and parcel of Nanja Land, Plot Nos.144, 145, 146, 147 and 148 in Srinivasa Nagar Layout bearing Survey No.89/3, Part, and 90/2 part of Moolakothalam Varisi, No.26/15 and No.26/12, Paimash No.1298, measuring to an extent of 5 grounds or 12,000 sq.ft. He purchased the said property by way of a deed of sale dated 19.6.1964 registered as document No.1550 of 1964 on the file of the Sub Registrar Office, Pallavaram from one Rajapandian Nadar and A.S.L.Raja Nadar. During his life time, the said K.Shanmugam executed a Will dated 28.3.1987 bequeathing the properties in favour of the respondent herein, who is his friend's son. The said K.Shanmugam had no issues and his wife pre -deceased him. The said K.Shanmugam died at Chennai on 15.9.1988 leaving behind his last Will and Testament dated 28.3.1987 in respect of his self acquired property. The Will dated 28.3.1987 was executed by the said K.Shanmugam in the presence of witnesses viz., (i) P.Balaraman, son of Palani and (ii) S.Ravi, son of P.Subramani. The parents of the deceased pre -deceased him and he had no brothers and sisters as he was the only son for his parents. The testator had no class -I and class -II legal heirs as per Hindu Succession Act. Hence, he executed a Will in favour of his friend's son. Thus, the respondent herein sought for issuance of Letters of Administration.

(3.) THE sum and substance of the applications filed by the applicants, in nutshell, are as follows: -