ORDER

The present petition has been filed to quash the impugned order and the consequent remarks made in the encumbrance certificate in respect of the property belonging to the petitioner’s father, which has been bequeathed to the petitioner by way of an unregistered Will, which has been submitted for probate.

2. It is the case of the petitioner that the 5th respondent is her mother and respondents 6 to 8 are her sisters. The property situated at Old No.6A, New No.78, Sriman Srinivasa Road, Alwarpet, Chennai comprised in R.S. No.1577/7 and 1579/1 (Part) measuring about 2 grounds 2166 sq.ft., belong to her father, Late Bhuvarahan, who breathed his last on 23.2.2014. It is the averment of the petitioner that after the demise of her father on 23.2.14, the unregistered Will, written by her father, dated 27.11.2007 was handed over to her by her mother, viz., the 5th respondent, in and by which her father had bequeathed the aforesaid property to the petitioner.

3. It is the further averment of the petitioner that due to influence exerted by respondents 6 to 8 on the 5th respondent, the said respondents claimed ownership on the aforesaid property on the basis of a Settlement Deed, dated 10.01.2008, alleged to have been executed by her father, which has been registered as Document No.17 of 2008 on the file of the District Registrar, Chennai Central. Coming to know of the above, the petitioner had made an application for encumbrance certificate, which revealed the execution and registration of the said Settlement Deed on 10.1.2008. It is the further averment of the petitioner that her father had not informed her about the execution of the said settlement deed.

4. It is the further case of the petitioner that the said settlement deed is a sham and nominal document, as the same is contrary to the Will, which has been executed by her father, prior to the execution of the Settlement Deed. Aggrieved by the execution of the fraudulent settlement deed dated 10.01.2008, the petitioner had filed a suit in O.S. No.4120 of 2014 before the City Civil Court, Chennai, seeking a declaration that the said settlement deed dated 10.1.2008 is null and void and to permanently restrain the respondents 6 to 8 from interfering with or alienating the subject property and the said suit is pending.

5. It is the further averment of the petitioner that respondents 5 to 8 have preferred a suit in O.S. No.5455 of 2014 seeking permanent injunction restraining the petitioner from interfering with their alleged peaceful possession and enjoyment of the property and in the said suit, they have preferred I.A. No.14712/2014 seeking interim injunction, in which an order of status quo was granted till 29.10.2014, which has not been extended thereafter.

6. It is the further averment of the petitioner that pending the suits, the petitioner executed a settlement deed dated 29.12.2014 in respect of the very same property in favour of her daughter and son, which was registered as document No.691 of 2015 on the file of the 4th respondent. Obtaining knowledge about the execution and registration of the settlement deed, respondents 5 to 8 preferred suit in O.S. No.5047 of 2015 on the file of the City Civil Court, Chennai, seeking a declaration that the Settlement Deed dated 29.12.2014 is null and void and also a permanent injunction restraining the petitioner as well as the settlees from registering any document with respect to the said property. All the suits preferred by the petitioner and the respondents are pending.

7. It is further averred by the petitioner that O.P. No.882 of 2017 was filed before this Court for grant of Letters of Administration with respect to the Will dated 27.11.2007, which stood converted into a Testamentary Suit and numbered as T.O.S. No.1 of 2018, which is also pending.

8. It is further averred by the petitioner that the respondents 6 to 8, through the 5th respondent, acting with malice, approached the 4th respondent seeking to cancel the settlement deed dat