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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. CHOCKALINGAM, J.
N. Renuka Devi – Plaintiff
Vs.
E. Lalitha – Defendant
T.O.S. No. 2 of 2009 & Appeal Nos. 4456 to 4458, 4533 of 2014
Decided On : 04-03-2016
Limitation Act, 1963 – Articles 120 and 137 - Indian Succession Act, 1925 - Civil Procedure Code,1908 - Section 264 - Executed sale deeds - Immovable assets - Appoint any executor - Will is registered - plaintiff is late and he died on High Road where he was then ordinarily residing within State of Tamil Nadu - He executed last Will and Testament on in city of presence of two witnesses who signed and attested Will - Illegitimate children and their mother have been trying all these years to claim in Court proceedings that they are legal heirs and has suppressed Will - But in several judgments of this Court, it has been upheld is not legally wedded wife of and her children are illegitimate – Plaintiff with the help of her brother third respondent had been misleading Courts - Plaintiff has been approbating and reprobating to suit her needs and plaintiff with aid of third respondent has been abusing process of Court - Held, Therefore contention of the learned Senior Counsels appearing for defendants that recitals in agreement of assignment tent amounts to a waiver of her rights if any under Will though there are none need not be gone into by this Court already held in earlier paragraphs in this T.O.S. that she is not entitled for grant of Letters of Administration with regard to said items 3 and 4 of suit properties - Though it is also contended on side of the defendants that as regards items 3 and of suit properties question as to whether plaintiff is entitled for grant of Letters of Administration or not will have to be decided only in suit after analyzing oral and documentary evidence adduced by both sides and in view of above discussion made - Appeal dismissed.
G. CHOCKALINGAM, J.
1. T.O.S. No. 2 of 2009 is numbered on conversion of O.P. No. 367 of 2008, praying that Letters of Administration with a Will annexed, may be granted to the plaintiff as the daughter and one of the legatees under the Will of the deceased S.V. Ramakrishnan, having effect limited to the State of Tamil Nadu.
2. The case of the plaintiff is as follows:-
(a) The father of the plaintiff is late Mr. S.V. Ramakrishnan and he died on 31.12.1980 at Ramamandiram No. 868, Poonamallee High Road, Kilpauk, Chennai-600 010, where he was then ordinarily residing within the State of Tamil Nadu. He executed the last Will and Testament on 15.07.1970 in the city of Madras, in the presence of two witnesses who signed and attested the Will. The Will is registered as Document No. 39 of 1970 in the office of the Sub-Registrar, Purasawalkam, Chennai. Both the attesting witnesses, namely Mr. T.S. Ramadoss and Dr. R. Paul Doraiswamy, are not alive as on date. Hence, third party affidavit has been filed.
(b) The properties under the Will have been bequeathed to the plaintiff to be enjoyed for her lifetime and thereafter, to be inherited absolutely by her children. The plaintiff has one daughter and one son, viz. N. Divya and N. Dheeraj Kumar and they have given consent in favour of the plaintiff. The plaintiff continues to be a Hindu and her husband Mr. N. Niranjan Kumar is also a Hindu. The deceased S.V. Ramakrishan, the testator, has given certain directions for payment of maintenance to his wife Smt. S.V.R. Sarjoa, the plaintiff's mother.
(c) Though the Will provides for vesting of properties with the Official Trustee or such Officer or person appointed by this Court, such vesting was restricted only till the plaintiff completes the age of 18 years and the plaintiff has completed the age of 18 years on 22.06.1979 and hence, the provision for the Official Trustee to take over the properties as on date, does not have any force.
(d) By the said Will, the deceased did not appoint any executor and hence, she has filed the petition for grant of Letters of Administration with the Will annexed. The amount of immovable assets which are likely to come in the hands of the plaintiff, does not exceed in the aggregate sum of Rs. 2,80,00,000/- and the net amount of assets after deducting all items which the plaintiff by law allowed to deduct, is only of the value of Rs. 2,79,93,000/-. All the other movable assets mentioned in the Will had been disposed of by the testator himself during his lifetime.
(e) No application has been made to any District Court or delegate or to any other High Court for the probate of the said Will of the deceased or Letters of Administration with or without the Will annexed of his property and credit. The plaintiff undertakes to duly administer the property and credits of the deceased S.V. Ramakrishnan and in any way concerning his Will, by paying first his debts and then the legacies therein bequeathed so far as the assets will extend and to make full and true inventory thereof and exhibit the same in this Court within six months from the date of grant of Letters of Administration with the Will annexed and also to render to this Court a true account of the said property and credits within one year from the said date.
(f) Though the plaintiff was aware of the existence of the Will for all these years, she has been advised to get the Letters of Administration only recently to safeguard her interest and that of her children and also the wishes of her deceased father. Further, various litigations relating to the estate also delayed her to file the petition. Though there is no time limit for filing petition for Letters of Administration, she explains as stated above, since no laches could be attributed to her.
(g) The deceased S.V. Ramakrishnan has left the following persons as his legal heirs:-
(i) Mrs. S.V.R. Saroja - Second wi
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