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O.P.No.1092 of 2018

C.V.KARTHIKEYAN,J.

This original petition has been ostensibly filed seeking Letters of

Administration and taking advantage of Sections 218 and 278 of the Indian

Succession Act, 1925 read with Order XXV Rule 5 of the Original Side

Rules with respect to one single property as stated in the petition, which is

situated at old Door No.145, NSC Bose Road, Sowcarpet, Cehnnai – 600

079, which property according to the petitioner belonged to his mother

Meena Bai Mundhra, who, according to him died intestate on 20.06.1976 at

Haridwar. Her husband / father of the petitioner, Chottu Lal Mundhra had

died on 14.09.1978. The petitioner is the younger son. The 1^st respondent is

the eldest son. The 2^nd to 7^th respondents are the children of another deceased

son and the 8^th to 11^th respondents are the children of yet another deceased

son. There is a further deceased son who was married but it is claimed that

he died without children. The details of that son and his wife and the date of

the death of either one of them or both of them, has not been disclosed in the

petition.

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2.In effect, Letters of Administration are sought by the Class I legal

heirs. If they are to do so, they must also mention about the deceased other

Class I legal heirs, which has not been mentioned in the petition. The Letters

of Administration without will annexed, particularly, if it is to be filed under

Sections 218 and 278 of the Indian Succession Act, 1925, can be filed by the

Class II heirs, if there are no Class I heirs surviving to the deceased and

seek to administer the property left behind by the deceased. Class I heirs

automatically get a right and share in the property on the death of either one

of the parents, in view of their birth in the family. Special rights to

administer the property need not and should not be conferred on them. It is a

right which accrues to them by birth. Both the petitioner herein and the

respondents have a share in the property.

3.By giving a consent affidavit in an application seeking Letters of

Administration, the title of the property cannot devolve on to the petitioner.

The consent affidavits are only a scrap of paper and cannot be used for any

purpose, in a petition like this. If at all, anyone of the Class I legal heirs want

to give away their share, they must be release the share by way of a

registered Release Deed, if their share is more than Rs.100/-.

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4.In the present case, the petitioner has taken recourse to a back door

method and is trying to take hold of the property, when he is the younger son

and fortunately for this Court and fortunately for the administration of

justice, the 10^th and 11^th respondents who are the legal heirs of a deceased

son of the Meena Bai Mundhra have raised objections.

5.I must place credit on the learned counsel appearing for the 10^th and

11^th respondents for having stood upon and having raised objections.

6.It is also seen that the 1^st, 3^rd to 7^th respondents have given their

consent and the learned counsel for the petitioner places reliance on such

consent affidavits. By those consent affidavits, their rights and title over the

property cannot be willed away or cannot be consented to be transferred, to

the petitioner. As a matter of fact, the entire petition suffers and I hope it has

not been filed with malafide intentions.

7.It is also pointed out by the learned counsel for the 10^th and 11^th

respondent that there is yet another property at Nanganallur, which had not

been disclosed in the petition. It is also stated that the father, Chottu Lal

Mundhra was a businessman and had established business of wholesale

electrical goods in the name of M/s.Mundhra Brothers.

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8.The father had died on 14.09.1978. The petitioner claims that this

particular property mentioned in the petition herein had be