K.BASKARAN AND OTHERS Vs. R.BHAVANI

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 case of the plaintiffs are as follows:- The plaintiffs are the sons of one Krishnamurthy, who is the brother of V.M.Balasubramanian, the testator herein. The said V.M.Balasubramanian left a Will dated 10.02.2009 bequeathing the movable properties, namely, gold jewels, silver articles and brass articles are to be acquired by the plaintiffs absolutely. The savings amount of Rs.8,000.00 in the Indian Overseas Bank in Account No.21200 is to be divided equally among the plaintiffs. The second plaintiff was given with life interest in the immovable property bearing No.19, Balambika Nagar, Villivakkam, Chennai-49 and the absolute title vested with the first plaintiff. The first plaintiff was directed to take care of the second plaintiff from and out of the income derived in the property, since he is a divorcee. The wife of the testator, namely, Rajalakshmi, pre-deceased the testator on 17.01.2009. The settlement deed for the property executed in favour of the defendant was cancelled by the testator on 10.02.2009 and the same was duly intimated to the defendant by the deceased Balasubramanian. To avoid further litigation, the deceased had executed and registered his last Will and Testament dated 10.02.2009. Hence, the suit is filed for grant of Letters of Administration for administering the property covered under the Will of the deceased V.M. Balasubramanian.

(3.) The brief facts of the case of the defendant are as follows:-