IMPORTANT POINT
Section 218 of Indian Succession Act is inapplicable to Christian community.

L. Narayana Swamy, J.— This petition has been filed under Part IX, Chapter IV, Section 278 read with Section 218 of the Indian Succession Act, 1925. The prayer made in this petition is to grant letters of Administration to the petitioner to the estate of the deceased Elizabeth IPE Kovoor, as she is the legal heir and one of the next kin of the said deceased.

2. The brief facts of the case as stated in the petition are that the petitioner and the respondents 1 to 5 are the biological brothers and sisters and respondents 6 and 7 are the nephews of the deceased. The sister of the petitioner, IPE Kovoor, died on 7th July, 2011 and the death certificate has been produced with this petition. The place of abode of the deceased was at No. 62/5, Suchithra Apartments, Coles Road, Frazer Town, Bangalore. By religion, the deceased was Christian and she was an assessee for the purpose of Income-tax Act, 1961. She was governed by the Indian Succession Act, 1925. She remained unmarried and parents of her predeceased the petitioner. Respondents 1 to 5 are the siblings and natural heirs of the deceased’s estate. IPE Kovoor died living behind moveable and immovable properties and in Karnataka and Maharashtra and she died intestate and her estate cannot be administrated in the absence of an administrator. The petitioner, since being the biological sister and legal heir, capable, solvent and she is best suited to be appointed as the administrator of the estate of the deceased. The deceased was suffering from terminal illness secondary to Glioblastoma Multiforme with multiple metastitis and she lacked testamentary capacity and in law and fact precluded from making and executing the Will. The Will propounded by respondents 2, 6 and 7 is the product of fraud and coercion and is void ab initio. The petitioner was working in various capacities and she is best person to look after the estate of the deceased. She is also legally entitled to be appointed as administrator. Hence, the learned Counsel for the petitioner submitted to allow this petition and to grant letters of administration in her favour. In support of his submission the learned Counsel for the petitioner has relied upon the judgment reported in the case of Miss. CKH. Stoney alias Kathleen v Miss. Myrtle Stoney, 72 Ind Cas 811 wherein it has been held that in case more than one person making an application for granting of joint letters of administration, and even where the claimants are equal in degree of kinship to the deceased, only one person should be appointed according to the established practice. It is also submitted that the said judgment was referred to in another judgment in the case of Dinbai Behrdmji Gonda v Motibai Burjorji Chhor, 1941(43) Bom LR 770. The learned Counsel has also referred to the judgment of Calcutta High Court in the case of In Re: Ganapati Sarkar v Umarani Bose and Others., AIR 1959 Cal 277 and the judgment of the Hon’ble Supreme Court in the case of Gurswaroop Joshi v. Beena Sharma and Others, AIR 2006 SC 1999: 2006(5) SCC 119: 2006 AIR SCW 2421. Hence the learned Counsel submitted that in view of the above settled law and as a matter of fact and practice only one person could be appointed as an Administrator, the petitioner is entitled on fact and law to be appointed as an Administrator to the estate of the deceased and hence submits for grant of letters of administration.

3. Respondents 2, 6 and 7 have filed their statement of objections. The learned Counsel representing the said respondents submitted to dismiss this petition. He submitted that the deceased, while working, in October 2007 was diagnosed to be a malignant brain tumor and she underwent neurosurgery. The deceased was summarily ousted from the house which belongs to the petitioner when she was in the hospital. The deceased was staying in an apartment which belonged to the petitioner and when the deceased got admitted for surgery the petitioner ousted the deceased even without bothering abou