S. VATSALA Vs. K.S. MOHAN AND ORS.

JUDGEMENT

(1.) S.M. Subramanian Chettiar, testator of the Will dated 11.12.1996 died on 15.12.1996 leaving behind him two sons and 7 daughters as his legal heirs. As per the last Will and Testament, the deceased bequeathed the immovable property at Thanikachalam Road, T. Nagar, Chennai, to his two sons further directing to pay Rs. 50,000/ - to his daughters and appointed his own brother K. Chakrapani, ninth respondent herein, as the sole executor to carry out the terms of the Will.

(2.) Seeking Letters of Administration with a copy of the undisputed Will executed by the testator on 11.12.1996 at Chennai in the presence of witnesses, the two sons and two daughters of the deceased testator filed Original Petition in O.P. No. 731 of 2011. The same was opposed by one Sarala, one of the daughters of the deceased by way of application in Application No. 3515 of 2012 on the ground that it is barred by limitation and that the net value of the assets of the testator is undervalued. The said Original Petition was contested by one Vatsala, another daughter of the deceased testator by filing Application No. 3516 of 2012 stating that the petition is time -barred and sought for rejection of the plaint.

(3.) The petitioners opposed both the applications by filing separate counters. According to the petitioners, though the testator died on 14.12.1996, i.e., within a few days after the execution of the Will dated 11.12.1996, the Will was read out in the presence of all parties on the 11th day ceremony of the deceased. According to them, the factual aspects can be proved only after converting the Original Petition into a Testamentary Original Suit and by allowing the parties to let in their evidence and it is premature to determine the question of limitation even before the trial.