BAGGIAMMAL Vs. GRAJAGOPALA 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 7 June, 1945. The will which is dated the 14 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 21 January, 1946.

(3.) In her petition for the grant, the petitioner included the respondent as one of the relatives of the deceased and accordingly citation was issued to him. In response he filed a caveat and later a written statement of his defence. The ground of the respondent's caveat shortly stated is that the deceased was not in a sound and disposing state of mind in June, 1945, when he is said to have made the will. He was then about seventy years of age and it is alleged had suffered a paralytic stroke. In consequence of this stroke and of his great age it is said that he was thereafter affected both in body and mind. According to the affidavit in support of the caveat and the written statement of defence, the respondent on this ground disputed the validity both of the will and of the alleged partition.