BAGGIAMMAL Vs. G. RAJAGOPALA CHETTY

JUDGEMENT

(1.) THE petitioner has applied for a grant of letters of administration with the will annexed to the estate of Gudisai Narayanaswami Chetty, deceased. The respondent has lodged a caveat against that grant. The object of the present summons is to have the respondent's caveat struck off on the ground that the respondent has no interest in the estate of the deceased. The following table will serve to show the relationship of the parties.

(2.) IT is common ground that the deceased and the respondent were members of a joint and undivided Hindu family ; but according to the petitioner, there was a partition in status on the 7th June, 1945. The will which is dated the 14th June, 1945, is on the footing of that partition and is a disposition by the deceased of his share in the family properties. It is alleged that the deceased died on the 21st January, 1946.

(3.) THE petitioner has filed a suit (C.S. No. 129 of 1946) in this Court against the respondent and his sons for partition of the family property by metes and bounds. The petitioner's daughter and grandson are also parties to this suit which is now pending.