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2013 Supreme(Mad) 3852
High Court of Judicature at Madras
R. SUBBIAH, J.
R. Karunanidhi
Versus
Mayilvahanam
A.Nos. 3509 & 4064 of 2013 in O.P.No. 198 of 2013
Decided On : 13-11-2013
In probate proceedings, only persons claiming through the Will are necessary parties, and the dispute over the testator's title should be addressed in a civil court.
Headnote:
Letters of Administration - Property Dispute - Indian Succession Act - Sections 213, 276, 278 - The court discussed the genuineness of the Will and the title of the testator's property. It held that the probate proceedings cannot be converted into a title suit and only persons claiming through the Will are necessary parties to the proceedings. The judgment referenced the legal provisions of the Indian Succession Act and emphasized that the applicants' dispute over the testator's title should be addressed in a civil court.
Fact of the Case:
The respondent filed for Letters of Administration for a Will bequeathing property to him. The applicants, disputing the testator's title, sought to be impleaded as party respondents.
Finding of the Court:
The court found that the applicants, disputing the testator's title, were not necessary parties to the Letters of Administration proceedings.
Issues: Dispute over testator's title and the necessity of the applicants as party respondents in the Letters of Administration proceedings.
Ratio Decidendi: The probate proceedings cannot be converted into a title suit, and only persons claiming through the Will are necessary parties. The applicants' dispute over the testator's title should be addressed in a civil court.
Final Decision: Both applications to be impleaded as party respondents were dismissed.
The present applications have been filed by one J.Gomathi and R.Karunanidhi respectively to implead them as party respondents in O.P.No.198 of 2013.
2. O.P.No.198 of 2013 has been filed by the respondent herein for grant of Letters of Administration in respect of the Will dated 28.3.1987 executed by one K.Shanmugam. In the said OP, it is the contention of the respondent that the deceased K.Shanmugam, the testator of the Will possessed self acquired immovable properties viz., all that piece and parcel of Nanja Land, Plot Nos.144, 145, 146, 147 and 148 in Srinivasa Nagar Layout bearing Survey No.89/3, Part, and 90/2 part of Moolakothalam Varisi, No.26/15 and No.26/12, Paimash No.1298, measuring to an extent of 5 grounds or 12,000 sq.ft. He purchased the said property by way of a deed of sale dated 19.6.1964 registered as document No.1550 of 1964 on the file of the Sub Registrar Office, Pallavaram from one Rajapandian Nadar and A.S.L.Raja Nadar. During his life time, the said K.Shanmugam executed a Will dated 28.3.1987 bequeathing the properties in favour of the respondent herein, who is his friend's son. The said K.Shanmugam had no issues and his wife predeceased him. The said K.Shanmugam died at Chennai on 15.9.1988 leaving behind his last Will and Testament dated 28.3.1987 in respect of his self acquired property. The Will dated 28.3.1987 was executed by the said K.Shanmugam in the presence of witnesses viz., (i) P.Balaraman, son of Palani and (ii) S.Ravi, son of P.Subramani. The parents of the deceased pre-deceased him and he had no brothers and sisters as he was the only son for his parents. The testator had no class-I and class-II legal heirs as per Hindu Succession Act. Hence, he executed a Will in favour of his friend's son. Thus, the respondent herein sought for issuance of Letters of Administration.
3. During the pendency of the said OP, the present applications have been filed by the applicants / proposed respondents to implead them as party respondents in the said OP.
4. The sum and substance of the applications filed by the applicants, in nutshell, are as follows:-
(a) The said OP has been filed by the respondent only with an intention to make a fake document to get a legal tinge by obtaining Letters of Administration. The respondent is a land grabber, who is attempting to grab the lands of the applicants. Plot No.145 measuring an extent of 2400 sq.ft. belongs to the applicant R.Karunanithi and the Plot No.147 measuring an extent of 2400 sq.ft., belongs to the applicant J.Gomathi, which are the lands alleged to have been bequeathed by K.Shanmugam to the respondent.
(b) According to the applicants, the said plots viz., Plot Nos.145 and 147 were originally purchased by one Mukherjee, who was the then Senior Scientific Officer, Central Leather Institute of Technology, Government of India, Adyar, along with three other plots in and by a registered sale deed dated 19.6.1964 registered as document No.1550 of 1964. Subsequently, the said Mukherjee sold Plot No.145 to one Vijayarangan through a sale deed dated 3.11.1980 registered as document No.4604 of 1980 before the Joint Sub Registrar-II, North Madras. The said Vijayarangan sold the said plot to the applicant R.Karunanidhi by a registered sale deed dated 14.5.1982 as document No.1731. Likewise, the said Mukherjee sold Plot No.147 to one Ramamoorthy through a sale deed dated 3.11.1980 registered as document No.4607 of 1980 before the Joint Sub Registrar-II, North Madras. The said Ramamoorthy sold the same to one S.Selvam by a registered sale deed dated 26.10.1988 as document No.3910/1988 before the Sub Registrar Office at Alandur. The said Selvam, who is the blood brother of the applicant J.Gomathi, settled Plot No.147 in her favour by a registered settlement deed dated 15.4.2013 as document No.2175 of 2013. Similarly, the other three plots were also sold by the said Mukherjee to other persons. Therefore, the testator of the Will viz., K.Shanmugam had no righ
