Letters of Administration cannot be revoked based solely on claims of a suppressed Will; substantial proof is necessary to validate allegations regarding testamentary documents.

ORDER :

P. DHANABAL, J.

This application has been filed by the applicants to revoke the grant of Letters of Administration granted in favour of the petitioners in the main Original Petition through order dated 05.10.2021. In fact, initially, the application was filed by the applicant, viz., K.Jothi and during the pendency of the application, she died and her legal heirs are impleaded as applicants 2 to 4.

2. An affidavit has been filed by the original applicant, namely, K.Jothi alleging that she is the applicant herein and the respondents have filed the main Original Petition for grant of Letters of Administration without Will in respect of estate of Late J.Paulraj son of G.S.Jayaraj, who died on 12.09.2017 at No.2, Mudichur Road, West Tambaram, Chennai – 600 045. In fact, the said J.Paulraj executed a Will dated 26.04.2017 by appointing the said Jothi as an executor, by suppressing the said Will, the said Main Original Petition has been filed by the respondents / petitioners.

2.1. The said J.Paulraj married one Parvathi and no children were born to them. Therefore, the said Paulraj and Parvathi reared brother’s son of Parvathi, namely, Veerakumar by providing education and nurtured him as their own son and the said Veerakumar performed the last rites to the said deceased Paulraj. The said Paulraj was not having mutual relationship with his own brother and sister and they are also not affectionate to the said Paulraj. The said Paulraj was doing real estate business in and around the area by developing lands and purchasing many properties in his name and the name of his wife, viz., Parvathi with one Ramanujam, who is the partner.

2.2. As per the Will dated 26.04.2017, Jothi was appointed as Executor during the life time of the said Paulraj. The said Paulraj directed the said Jothi to deposit a sum of Rs.5 Lakhs in the name of the 4^th respondent, Mrs.R.Lucy and to handover the receipt to the 3^rd respondent/ 3^rd petitioner. After the demise of the said Paulraj, as a executor of the Will, Jothi, was paying interest for the loan obtained by Paulraj and the same was received by the Bank without any protest and the HDFC Bank is very well aware of the fact that the Original borrowers are not alive. When the said Jothi insisted the Bank to return the documents after receiving dues of the Bank without assuring to return the documents obtained by it at the mortgage, the bank had initiated arbitration proceedings against the dead borrowers and also against the grantor of the loan Mr.S.Kannan. The petitioners in the Main Original Petition are aware of the existence of the Will dated 26.04.2017, suppressing the said Will, filed the above petition and obtained orders.

2.3. In the affidavit of assets, the dues, which were received by late Paulraj by claiming that he had invested a sum of Rs.2,00,000/- in Aditya Flexi Packaging, Valasaravakkam, apart from Promissory Note of Rs.1,00,000/- allegedly executed by G.Manohar, no other movable or immovable properties mentioned in the Annexure. The said promissory note dated 01.06.2016 had already been time barred and immovable property situated in Vaipur, Sriperumpudur Taluk are under litigation in O.S.No.374 of 2010 and O.S.No.16 of 2016 on the file of District Court, Kanchipuram and the lands covered in respect of other properties, litigation is pending in O.S.No.47 of 2016 on the file of District Court, Kanchipuram.

2.4. The said Jothi has already taken steps to probate the Will of the deceased J.Paulraj in O.P.D.No.5893 of 2023 on 19.04.2023 by disclosing all the assets and liabilities of J.Paulraj by citing the petitioners in the Main Original Petition as respondents and the Original Petition was returned for certain compliance. The petitioners in the main original Petition are very well aware of the existence of the Will as well as liabilities contracted by J.Paulraj while he was alive, inspite of that, they suppressed the fact and filed the Main Original Petition and obtained the Letters of Administr