BALASUBRAMANIYAN Vs. VEDAMBALAACHI

JUDGEMENT

(1.) This application was filed by the 2nd respondent in O.P.No.177 of 2020 (the main O.P.) to revoke the letters of administration granted on 7/9/2021 with the Will dtd. 26/9/1966 of the late S.K.Subbiah Pillai annexed thereto.

(2.) The applicant states that he is the brother of the respondent herein/petitioner in the main O.P. Both the applicant and the respondent are the grandsons of the testator's brother. Upon the death of the testator's only daughter, the applicant asserts that he has a caveatable interest in the estate of the testator and was impleaded as the second respondent. He further contends that a caveat in the main O.P. was filed by him on 12/10/2020 and the same was communicated to the respondent herein on 13/10/2020. A supporting affidavit raising objections was also filed on 15/10/2020 under S.R.No.15484 of 2020.

(3.) The applicant further states that no notice was served on him in the main O.P., in spite of him being impleaded as per order dtd. 2/11/2020 in A.No.2166 of 2020. Therefore, the grant suffers from legal infirmity and there is "just cause" under Sec. 263 of the Indian Succession Act, 1925 (the Act) to revoke the grant.