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2017 Supreme(Mad) 801
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T. RAVINDRAN, J.
K.K.Anbazhagan – Appellant
Vs.
C.Kumar – Respondent
T.O.S.No.7 of 2007 in (O.P.No.524 of 2006)
Decided on : 20-04-2017
Advocate Appeared:
For the Plaintiffs : Mr.R.Thiagarajan
For the Defendant : Mr.T.D.Vasu, Ms.Zeenath Begum
Headnote:
Hindu Succession Act, 1956 – Section 14 Indian Succession Act, 1925 – Sections 218 & 278 – Deceased Parameswari died at B.S.S.Hospital, R.K. Mutt Road, Mandaveli, and she ordinarily resided at I-4, Rohini Gardens, Santhome High Road, R.A.Puram, Chennai-600 028 before her death – Deceased left the first plaintiff as her sole surviving legal heir and no other relation exists – deceased Parameswari died intestate and that, due and diligent search has been made for a Will but none has been found and the petitioners/plaintiffs claim administration of her property estate, effects and credits as his own – Deceased died issueless and her husband Rathinavelu pre-deceased her – above named deceased had Stridhana properties, which includes self acquired properties as defined under Section 14 of the Hindu Succession Act, 1956, at the time of her death and the details of such properties, which form part of the deceased absolute estate, is more descriptively mentioned in the schedule-0744 –Held, As seen from the case of the parties and also evidence adduced in the matter, it is found that both parties had been vying with each other to claim the letters of administration of the estate of the deceased one way or the other on certain legal basis – plaintiffs having come forward with the lis and the claim of the plaintiffs having been stiffly resisted by the first defendant, it is found that the plaintiffs, before seeking the entitlement of the reliefs should establish that they are legally entitled to obtain the same. Considering the relationship of the contesting parties with that of the deceased and in the light of the above discussions, when it is found that it is only the first defendant who is higher in the order of succession to the estate of the deceased Parameshwary than that of the plaintiffs and when it is also found that the first defendant had already been dealing with the properties of the deceased as such and also discharged the loan account of the deceased in respect of the properties left behind by her, either individually or as per the orders of this Court in various proceedings as discussed above, the plaintiffs even though being aware of the same, had chosen to lay the present suit seeking the grant of letters of administration of the estate of the deceased – Suit is dismissed.
The petition in O.P.No.524 of 2006 has been laid, in the matter of estate of Mrs.Parameswari, who died intestate, under sections 218 & 278 of the Indian Succession Act, 1925 and Order XXV, Rule 5 of Original Side Rules, seeking for letters of administration to the properties and credits of the above mentioned deceased to have effect limited to the State of Tamil Nadu. In the above said petition, K.K.Manivasugi, K.K.Karpagam, C.Kumar and East West Benefit Fund Limited had been arrayed as respondents 1 to 4.
2. As against the above said petition, caveats have been laid on 22.08.2006 and 09.11.2006 by the Caveators/Defendants with supporting affidavits and consequently, the above said Original Petition had been ordered to be converted into Testamentary Original Suit and accordingly, the above said matter has been registered as TOS No.7 of 2007.
3. As per the order dated 13.02.2008 in Application No.5406 of 2007, K.K.Manivasugi has been transposed as the Second Plaintiff in the Testamentary Original Suit. In the O.P.No.524/2006, the respondents namely C.Kumar and East West Benefit Fund Limited., have been impleaded as respondents as per the order dated 31.08.2006 in Application No.3568 of 2006.
4. The averments contained in the plaint are briefly stated as follows:
The first plaintiff K.K.Anbazhagan is the natural brother of the deceased Parameswari. K.K.Manivasugi, who has been transposed as the second plaintiff is the sister of the deceased Parameswari. The deceased Parameswari died on 16.02.2006 at B.S.S.Hospital, No.200, R.K. Mutt Road, Mandaveli, Chennai-600 028 and she ordinarily resided at I-4, Rohini Gardens, Santhome High Road, R.A.Puram, Chennai-600 028 before her death. The deceased left the first plaintiff as her sole surviving legal heir and no other relation exists. The deceased Parameswari died intestate and that, due and diligent search has been made for a Will but none has been found and the petitioners/plaintiffs claim administration of her property estate, effects and credits as his own. The deceased died issueless and her husband Rathinavelu pre-deceased her on 19.12.1992. The above named deceased had Stridhana properties, which includes self acquired properties as defined under Section 14 of the Hindu Succession Act, 1956, at the time of her death and the details of such properties, which form part of the deceased absolute estate, is more descriptively mentioned in the schedule. The schedule mentioned properties will devolve on Class I heir and failing which upon, Class II heirs of the deceased. The deceased and her pre-deceased husband died issueless and had not adopted any son or daughter during their lifetime. There are no class I heirs available to inherit their property. In the category of Class II heir, the first petitioner/first plaintiff being the only surviving natural brother of the above named deceased has lawful rights to succeed to the estate of the deceased Parameshwari's Stridhana cum self acquired properties / estates as reflected in the schedule. The deceased, at the time of her death, left the first plaintiff alone as her only next of kin residing at No.195/16, Kutchery Road, RCC Apartment, Mylapore, Chennai - 600 004 and amount of assets, which are likely to come to the petitioners' hands, does not exceed in the aggregate the sum of Rs.14,80,000/- and the net amount of the said assets, after deduction, is Nil. The first Petitioner/first Plaintiff undertakes to duly administer the property and credits of Parameshwari, the said deceased and make full and true inventory thereof and exhibit the same in this Court within 6 months from the grant of letters of administration to him and also to render to this Court a true account of the said property of the deceased and credits within one year from the said date. Hence, the first petitioner/first plaintiff prays for grant of letters of administration to the property and the credits of the deceased.
5. The averments contained in the written st
