K.BABU Vs. PONNIAMMAL

JUDGEMENT

(1.) The plaintiff K.Babu, son of late Kesavan originally filed O.P.No. 792 of 2015 under Ss. 232 and 276 of 1995 seeking grant of Letters of Administration with Will annexed, relating to an unregistered Will dtd. 31/7/2012 claimed by him to have been executed by his maternal grandmother Mulaviammal, who died at the age of 92 years on 13/11/2013.

(2.) In the Original Petition, he had impleaded as the respondents his mother K.Chandra, his maternal aunts Rani and Ponniammal and his maternal uncle Singaram as respondents. He claimed that though his mother Chandra / first respondent had been appointed as the Executor under the Will, she had refused to sign the petition seeking probate of the Will and therefore left with no other alternate, he had taken upon himself to file the Original Petition under Ss. 232 and 276 of the Indian Succession Act 1925 in his capcaity as beneficiary under the Will.

(3.) The testatrix Mulaviammal was the allottee of land measuring 983 sq.ft., at No. 20/18, Chokkatan Salai, Nungambakkam, Chennai - 600 034 by M/s. Arulmigu Agatheeswarar Prasanna Venkatesa Perumal Devasthanam Temple. It had been contended that a building had been put up over the said land by the testatrix. Initially by an order dtd. 7/11/2017, Letters of Administration had been granted to the petitioner. Subsequently, the third respondent in O.P.No. 792 of 2015 filed Application No. 1359 of 2019 seeking to revoke the grant of Letters of Administration. By order of Court dtd. 11/3/2019, the application was allowed and the grant was revoked. The O.P.No. 792 of 2015 was thereafter converted as a Testamentary and Original Suit and numbered as T.O.S.No. 20 of 2019. Pending the Testamentary and Original Suit, the second to ninth defendants were impleaded by order dtd. 26/2/2024 in Application No. 525 of 2024. However, only the first defendant contested the suit by filing written statement and participating in the judicial proceedings. The second to nineth defendants were set exparte on 22/4/2024.