Revocation of Letters of Administration under Section 263 of the Indian Succession Act is justified if obtained through misrepresentation and failure to implead all legal heirs.

ORDER :

1. This application has been filed by the applicants to revoke the Letters of Administration granted to the respondent on 10.04.2006 in the main Original Petition No. 47 of 2006.

2. According to the applicants, the respondent has filed the main Original Petition for grant of Letters of Administration of the Will dated 13.12.1993 alleged to have been executed by late Kanaga Mariammal without impleading any of the legal heirs of the said Kanaga Mariammal and filed consent affidavits alleged to have been given by her legal heirs and obtained order for grant of Letters of Administration dated 10.04.2006 from this Court by misleading, misrepresenting, suppressing the facts and by playing fraud upon this Court.

2.1. The applicants now only came to know about the above said order passed by this Court through their cousin one P.M.Rajkumar after demise of his mother, who filed a case before the City Civil Court, Chennai in O.S.No.3332 of 2014 against the respondent, viz.,Maria Joseph. The said Kanaga Mariammal, W/o late Mr.R.Gopal, who is none other than the grand mother of the applicants had purchased the property in Door No.25, Thiruvengadapuram Street, Choolaimedu to an extent of 1900 sq.ft., through sale deed dated 26.05.1972. The said Kanaga Mariammal settled some portion of the property, viz., to an extent of 1087 sq.ft., to her daughter, namely, Mary Philomena and son-in-law, V.Palanimuthu, through settlement deed dated 27.04.1977. The remaining portion of 813 sq.ft., was retained by the said Kanaga Mariammal. Based on the said settlement deed dated 27.04.1977, the property was enjoyed by Mary Philomena and her husband, Palanimuthu till their life time without alienation and thereafter, absolutely to be inherited by their son, the said P.M.Rajkumar. Thereafter, due to misunderstanding between the parents of Rajkumar, i.e., Mary Philomena and Palanimuthu, they were separated through decree of divorce and Mrs. Mary Philomena was in absolute possession and enjoyment of the property and her husband was given life interest. After the divorce was granted by the Court, the father of the said Rajkumar has not claimed any rights over the property. During the life time, the said Kanaga Mariammal, grand mother of the applicants has filed O.S.No.2115 of 1984 on the file of this Court seeking a declaration in respect of the above said settled property and the same was dismissed on 20.01.1987. The said order was challenged in Appeal in A.S.No.609 of 1987, which was also dismissed on 29.08.1988. Therefore, the settlement deed executed in favour of the parents of the said Rajkumar by Kanaga Mariammal attained finality. By suppressing the above said facts, the Original Petition has been filed by the respondent and obtained order from this Court.

2.2. The original settlee Mrs.Mary Philomena executed release deed realising her life interest in favour of her son, Rajkumar and his father, namely, Palanimuthu also executed release deed in favour of the said Rajkumar. In the meantime, the said Kanaga Mariammal passed away on 19.01.1996. After demise of Kanga Mariammal, the said Rajkumar along with his mother are in possession and enjoyment of the property. When major portion, i.e., 1087 sq.ft., was settled in favour of Rajkumar out of 1900 sq.ft., and only Kanaga Mariammal is entitled to the remaining extent of 813 sq.ft., the respondent herein, suppressing the above said facts, obtained Letters of Administration for the entire property by playing fraud, therefore, the said order passed by this Court by playing fraud is liable to be revoked.

3. The respondent filed detailed counter stating that the application filed by the applicants to revoke th