V VEDHACHALAM Vs. A K ARUMUGA MUDALIAR

JUDGEMENT

(1.) CHALLENGE is made to an order of the learned single Judge of this Court made in A.No.3200 of 2005 in O.P.No.199 of 2003, whereby the letters of administration originally granted in that original petition was revoked.

(2.) THE appeal came to be filed in the following circumstances:THE appellant herein filed the original petition, seeking for the grant of a Letters of administration on the basis of a Will executed by one Viruthambal dated 04.12.1998. THE appellant came forward alleging that Viruthambal died on 28.04.2002 and he is her sister's grand son and on her death, the said Will has come into force and since there is no other heir other than the appellant being the beneficiary under the Will after her death, the Letters of Administration was granted. Accordingly, proceedings were initiated. Pending the same, the respondent herein took out the instant application to revoke the Letters of Administration, stating that Viruthambal executed two other Wills dated 13.12.1978 and also 03.09.1990. It is further urged that he is related to the testatrix on husband's side and also is the brother of one Balasubramania Mudaliar, who died on 30.08.2004. Balasubramania Mudaliar was the husband of Yamunabai, who is none else than the daughter of Viruthambal and thus, Balasubramania Mudaliar was entitled to inherit her undivided share and thus, Balasubramania Mudaliar, on the death of Yamunabai, was entitled to 1/4th undivided share by operation of law, which would devolve upon him.

(3.) THE Court heard the learned counsel for the respondent and paid its anxious consideration on the submissions made.