R VASANTHI Vs. JANAKI DEVI

JUDGEMENT

(1.) THE petitioner has filed this petition for grant of letters of administration in respect of the Will dated 4.7.1974 executed by one Lakshmi Bai.

(2.) THE main averments found in the petition/plaint are as follows: THE testatrix Lakshmi Bai was residing at C4, R.K. Puram. Mambalam, Madras. On 4.7.1994, while she was in a sound and disposing state of mind had executed the last Will and testament duly attested by one D. Kanmani and A.T. Venkatesan. THE Will was registered before the Sub-Registrar, T.Nagar and those two witnesses signed as identifying witnesses before the Sub-Registrar. Those two attestors are now dead. THE testatrix Lakshmi Bai died on 22.6.1981. THE petitioner is the step sister of Lakshmi Bai and out of love and affection for the petitioner the testatrix had executed the said Will bequeathing the properties in favour of the petitioner. Earlier, Lakshmi Bai during her life-time executed a Will on 19.10.1955 in favour of one Vasudevan and the same was cancelled on 6.1.1970. Even earlier to that, she executed a Will in favour of one Kannam Lal Prasad on 26.3.1941 which was cancelled on 19.10.1965. THE first respondent is the daughter of the said Kannam Lal Prasad. In respect of the said property, the petitioner has filed in O.S.No. 886 of 1983 on the file of the District Munsif, Villupuram against one Kannan who was a tenant for recovery of Rs. 1125. In the said suit, the Will was produced as Ex.A.1 and the suit was dismissed since the Will was not probated. THE Court held that the will was validly executed, but it could not be acted upon as it was not probated. THE first respondent has filed in O.S.No. 1420 of 1986 on the file of the sub Court Villupuram. THE petitioner had filed a written statement basing on her title and rights on the basis of the Will. THE respondent Nos.2 to 6 have filed in O.S.No. 58 of 1980 on the file of the sub-Court, Villupuram. THE petitioner was given the right of amendment over the properties covered under the Will and also the properties covered in the Annexure to this petition. As per the Will, the petitioner has to continue the Tharmam or Charities as stated in the Will. Hence the petition/suit.

(3.) ISSUE No. 3: In the result, suit is decreed and issue letters of administration in favour of the plaintiff on executing a bond for sum of Rs.5, 000.