LAWS(MAD)-2023-7-29

SURESH BABU Vs. PADMAVATHY

Decided On July 27, 2023
SURESH BABU Appellant
V/S
PADMAVATHY Respondents

JUDGEMENT

(1.) This application has been filed to revoke the order dtd. 19/9/2022 made in O.P.No.60 of 2022 granting Letters of Administration to the respondents.

(2.) Heard the learned counsels for the applicant and respondents and perused the materials available on record.

(3.) The petition mentioned property belongs to one Kasthuri; the property along with its larger extent was purchased by one Arjunan Naicker from V.Jaganatha Mudaliar in the year 1965; Arjunan Naicker died on 8/3/1986 leaving behind his daughters and son as his legal heirs; the legal heirs entered into a partition deed in the year 2005; in the said partition, the schedule mentioned property was allotted to A.Ganapathy, who was the husband of the deceased Kasthuri; later the said Ganapathy settled the above said property in favour of his wife Kasthuri by way of a registered settlement deed dtd. 18/9/2008; since the schedule mentioned property was obtained by Kasthuri through her husband and she died intestate on 25/11/2015 without leaving any children of her own, the respondents who are her class-II heirs are entitled to inherit the same and hence the respondents have filed the Original Petition and obtained Letters of Administration by virtue of the order dtd. 19/9/2022 in O.P.No.60 of 2022; now the applicant who claims himself as the adopted son of late Kasthuri and Ganapathy has filed this application to revoke the grant of Letters of Administration. The applicant has stated that the respondents managed to get the Letters of Administration without impleading him as a party and by suppressing the material facts.