N DURGA BAI Vs. C S PANDARI BAI

JUDGEMENT

(1.) Original Petition No.160 of 2008 has been filed for the grant of Letters of Administration with the will dated 19.12.1983 annexed to the petitioners viz., the wife and sons/legatees under the will of the said deceased K.Neelakandan, having effect limited to the State of Tamilnadu. As the Defendants have filed caveat, the Original Petition was converted into Testamentary Original Suit No.22 of 2010 as per the order of this Court dated 18.02.2010 in O.P.No.160 of 2008.

(2.) The case of the plaintiffs is, that the first Plaintiff is the wife and Plaintiffs 2 and 3 are sons and Defendants 1 and 2 are daughters of Late. Neelakandan. The father of the plaintiffs Late.K.Neelakandan, executed a registered will dated 19.12.1983, bequeathing the first item of properties mentioned in the schedule to the alleged will to his sons/Plaintiffs 2 and 3 for their lives with a gift over absolutely to their male issues, item 2 of the properties mentioned in the schedule to the alleged will to his wife the first plaintiff providing her life interest and the vested reminder to his sons-plaintiffs 2 and 3 absolutely. The testator has not bequeathed any right or interest in the suit properties to his daughters/defendants 1 and 2. The plaintiffs are enjoying the properties as per the will and only when the defendants sent legal notice on 06.10.2010 claiming partition of the suit properties, the mother of the plaintiffs 2 and 3 handed over the wills to her sons to take steps. Therefore, the Plaintiffs filed O.P.No.160 of 2008 seeking to issue Letters of Administration in respect of the registered will dated 19.12.1983 executed by deceased K.Neelakandan. As the Defendants filed caveat, the Original Petition was converted into Testamentary Original Suit No.22 of 2010.

(3.) The Defendants resisted the said Testamentary Original Suit by filing written statement. The defendants specifically deny the execution of the alleged will by the deceased K.Neelakandan and put the plaintiffs to strict proof of the same. The defendants further contended that they are having equal rights over the properties mentioned in the schedule to the alleged will and are entitled to 1/5th share each in the properties. The defendants submit that the Testator was not having stable mind during the period of execution of the alleged will and the plaintiffs by fraudulent means and by coercion and misrepresentation might have obtained the alleged will. If the alleged will is true the plaintiffs would have approached this Court immediately after the death of the Testator. Whereas the plaintiffs have filed the present petition after a lapse of 14 years which clearly shows that the plaintiffs have not come before this court with clean hands. The defendants submit that even as per the will dated 19.12.1983, alleged to have been executed by Late K.Neelakandan, all the three items of schedule properties has been bequeathed to their mother, the first plaintiff for her life time and only after her life time, the three items of schedule property will devolve on the plaintiffs 2 and 3 and the second defendant. The Plaintiffs failed to establish the existence of will at the earliest opportunity. There is no proper explanation for the delay in filing the present suit seeking letters of administration. Hence, the defendants pray for dismissal of the suit.