Advocates:
['M/S N NAGU SAH', 'M/S SADASHARAM', '', 'S MURUGESAN']

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A.Nos. 5103 & 5104 of 2013

IN

O.P.No. 771 of 1995

C.V.KARTHIKEYAN, J.

A.No. 5103 of 2013 had been filed seeking stay of the operation of

the order dated 07.02.1996 in O.P.No. 771 of 1995 granting Letters of

Administration to the respondent with respect to the Will dated

16.06.1970.

2.

A.No. 5104 of 2013 had been filed seeking to revoke the

order dated 07.02.1996 passed in O.P.No. 771 of 1995 granting Letters of

Administration to the respondent in respect of the Will dated 16.06.1970.

3.

Both these applications were originally filed by Hukmichand

Jain against M.Premchand Ranka, the petitioner in O.P.No. 771 of 1995.

Subsequently, A.No. 1266 of 2018 was filed and the second to eighth

applicants were impleaded by order dated 13.03.2018. Further, the sole

respondent died and his legal representatives were impleaded pursuant to

order dated 09.07.2019 in memo dated 14.04.2019.

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4.

O.P.No. 771 of 1995 had been filed under Sections 232 and

276 of the Indian Succession Act, 1925 read with Order 25 Rule 2 of the

Original Side Rules of the Madras High Court, seeking grant of Letters of

Administration of the Will dated 16.06.1970 executed by Misribai, w/o.

Misrilal, who was said to be the adoptive mother of the petitioner

M.Premchand Ranka, and who died on 30.05.1971. It was stated that her

husband Misrilal had predeceased her. It had been stated that as the

adoptive son, the petitioner had become the absolute owner of the schedule

mentioned property. It was therefore prayed that Letters of Administration

should be granted.

5.

In the Petition as originally filed, the petitioner had described

himself as M.Premchand Ranka, son of M.K.Champalal and later had

struck out the name Champalal in ink and had incorporated the name

Misrilal. With respect to the delay in filing the Petition, the reasons had

been added in ink in the original petition, stating that the Will dated

16.06.1970 was found only when a locker was opened at Rajasthan. The

Petition had been returned by the Registry and one specific return was that

all the legal heirs of the deceased Misribai must be disclosed in the

Petition.

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6.

It is also seen that the original Will had not been produced but

only a carbon copy was produced. Though it was specifically stated that

all the legal heirs of the deceased must be disclosed, it had not been so

done even after the petition was represented. However it had been taken

on board. By an order dated 07.02.1996, Letters of Administration was

granted by a learned Single Judge of this Court. The entire order is

extracted below:-

“This Petition is filed under Sections 232

and 276 of the Indian Succession Act for grant

of Letters of Administration in respect of the

last Will and Testament of late Misribai wife of

one Misrilal.

2.

The petitioner who claims to be the

adopted son of the said couple has moved for

grant of Letters of Administration stating that

late Misribai executed a Will on 16.06.1970

bequeathing her properties in his favour and

after the death of the Testatrix on 30.05.1971

leaving himself and the daughter of the

Testatrix Sugam Devi that he as the legatee

under the Will is entitled to have the Letters of

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Administration in his favour. The daughter of

theTestatrix by name Sugam Devi has filed an

affidavit stating that her mother late Misri Bai

executed her last Will dated 16.06.1970

bequeathing her properties in favour of the

petitioner and she has no objection for the

grant of Letters of Administration in favour of

the petitioner. She is also the attestor to the

Will. As the said Sugam Devi is the daughter of

the deceased Misri Bai and as she has no

objection for the grant of Letters of

Administration and she also has stated that

Will was executed by her mother on

16.06.1970