KRISHNADHAN KHAWARE Vs. ANANDI DEVI

JUDGEMENT

(1.) The petitioners are aggrieved of order dated 15.01.2018 passed in Letters of Administration Case No. 01 of 2012, now converted into Title Suit No. 01 of 2015.

(2.) Plea taken by the petitioners is that the intervenors namely, Anandi Devi, Mridula Mishra and Jaya Mishra are not class-1 legal heirs of Ram Narayan Mishra and while so, they have no caveatable interest in the property and therefore, they cannot be impleaded in the Letters of Administration Case No. 01 of 201

(3.) Briefly stated, Ram Narayan Mishra, who according to the petitioners drafted his Will in his own handwriting in presence of two witnesses on 01.04.2001, died issueless on 28.11.2009. The legatees filed petition under section 278 of Indian Succession Act, 1925 for grant of Letters of Administration. They are son of the maternal brother of the testator. It appears that certain objections were filed, whereupon Letters of Administration Case No. 01 of 2012 has been converted into Title Suit No. 01 of 2015. In this suit an application under Order 1, Rule 10 (2) Civil Procedure Code was filed by Anandi Devi, Mridula Mishra and Jaya Mishra. This application has been allowed by the trial judge vide its order dated 15.01.2018 on the ground that the probate court is under a duty to hear objection by such persons who claim a right in the bequeathed property.