GYANAMBAL Vs. ADMINISTRATOR GENERAL OF MADRAS

JUDGEMENT

(1.) This is a petition purporting to bo filed under Section 28, AdministratorGeneral's Act of 1913.

(2.) The facts are: Sri. T. Rangaswami Chettiar died at Madras on 29-6-1933. He left a will dated 1-5-1933 disposing of six immovable properties in Madras valued at Rs. 24,800/-. Under this will no executor was appointed. The testator left surviving himself his daughter Gyanambal, the petitioner herein, and a grand-daughter Swarnambal, and no other kith or kin. By the said will this Rangaswami Chettiar bequeathed a life estate in the income from the said properties to his daughter Gyanambal and a similar life estate to his granddaughter Swarnambal and the remainder for the children born to that Swarnambal. In case Swarnambal died without issue, male or female, the properties were to go in equal shares to certain charities. This contingency is extremely unlikely to happen as this Swarnambal had already four minor children, and their father Thirunavukarasy Chettiar, the guardian of the person and properties of the said minors, having been appointed as such by this Court in O.P. 268 of 1945. After the death of the testator, Gyanambal and her husband Nataraja Chettiar took possession of the estate and both were managing the estate without probating the will, notwithstanding it not being an exempted will. Later, however, disputes arose between them and on application No. 1694 of 1939 by Gyanambal in O.P. 242 of 1939 this Court by its order dated 17-8-1939 directed the Administrator-General under Sections 10 and 11, Administrator-General's Act, 1913, to take possession of the estate of the deceased and apply for Letters of Administration upon funds being available. It may he noticed here that this Gyanambal handed over to the Administrator-General the title deeds ofi three properties, viz., a house in Conjeevaram and three shops in Poonamallee and premises No. 3 Thandavamurthi Chetti Street, Park Town, Madras,

(3.) The history of the management by the Administrator-General can be briefly summarised: on account of the fact that the will has not been probated and that Letters of Administration have not been obtained, the. Administrator-General could not take possession of the properties situated outside the City of Madras, viz., the properties at Conjeevaram and Foonamalle. The gross annual income of the estate taken possession of by the Administrator-General came to Rs. 2,052/-. After the payment of taxes and other administrative charges, the income is payable to Gyanambal according to the will. The Administrator-General has been paying her Rs. 60/- per month and Gyanambal has been keeping the family house, premises No. 6, Vengu Chetti Lane, Park Town, Madras, free of rent and taxes and has been letting out portions in the family bouse given to her for residence and enjoying the rents derived therefrom. The present accumulated income of the estate is about Rs. 500/-. In these circumstances, the Administrator-General applied for Letters of Administration in O.P. 51' of 1954 and obtained Letters of Administration with the copy of the will annexed on 29-4-1954. The succession duty of Rs. 1,700/required therefor was advanced out of the Administrator-General's Reserve Fund and this amount has to be recouped now by selling one of the houses. The Administrator-General has also started proceedings for taking possession of the Conjeevaram and Poonamalle properties. In fact, the Administrator-General has given notice to Gyanambal to state her objections, if any, for selling the house at Conjeevaram for that purpose. It is in these circumstances that Gyanambal has filed this petition,