D L RAJASEKARAN DIED Vs. AYYAVU

JUDGEMENT

(1.) PETITIONERS in I. A. No. 67 of 1992 in O. P. No. 72 of 1991, on the file of the Subordinate Judge, Pattukottai, are the revision petitioners. Pending revision, the first petitioner died and petitioners 7 to 9 are impleaded as his legal representatives to-day as per order in C. M. P. No. 2532 of 1995.

(2.) THE petitioners 1 to 6 herein filed O. P. No. 72 of 1991 for getting Letters of Administration of the will executed by late Rev. Paul sandegran, Dean of Kremmer Sandegran Foundation on 27. 7. 1992. THE said petition was allowed, and the petitioners 1 to 6 herein were given the letters of administration. For the purpose of proving the will, the attestors were examined, and the court was satisfied about the genuineness of the testament.

(3.) IN George Anthony Harris v. Millicent Spencer, A. I. R. 1933 Bom. 370, it was held thus: 'the person applying for revocation of the grant of probate or letters of administration must show that he is interested in the alleged will. That interest may be slight or even a bare possibility; but there must be some interest which the applicant is prima facie entitled to claim in the estate of the deceased. For revocation there may either be an application to revoke the grant or a substantive suit; but when the grant is revoked fresh proceedings have to be instituted in order to obtain proper representation to the estate of the deceased and that must be done by a petition under the Act.'