G.LAKSHMI Vs. U.SARASWATHI

JUDGEMENT

(1.) The petition originally filed for the grant of Letters of Administration has been converted as suit in view of the caveat filed by the defendant herein.

(2.) The brief facts of the plaintiffs' case may be stated as follows:

(3.) The sole defendant, denying the allegations contained in the plaint, submitted that the suit property was purchased by her mother Pattammal out of her own funds received from the sale proceeds of the ancestral property. The defendant is not aware of the execution of the alleged Will dated 6.3.2005. The allegation that Ganesan purchased the suit property out of his own income is also denied. The said Ganesan being the maternal Uncle of the defendant used to quarrel with the defendant's mother and used to bring all sorts of threat and used to obtain blank signature not only from the mother of the defendant, but also the defendant. Since the defendant and her mother have no support of any male member in their family to protect the harassment made by the said Ganesan, they do not prefer any police complaint against him, keeping in mind the dignity of their family in mind. The said Ganesan was the Sub Registrar. By using his official influence in the Department, he has got out the Will. It is also submitted that the plaintiffs have no right to file an application for Letters of Administration. As the original beneficiary has not filed any application for grant of probate or letters of administration during his life time, she prayed for dismissal of the suit.