M.Lakshmi v. S.Moorthy And 3 Others

R.N.MANJULA, J.

This application has been filed to sell the schedule mentioned property as per the Letters of Administration dated 16.06.2022 in O.P.No.559 of 2021 granted in favour of the Applicant.

2. The applicant had already filed a petition for grant of Letters of Administration in respect of a Will dated 22.05.2008 executed by one S.Mohan who is the owner of the property. This Court has issued Letters of Administration in favour of the applicant with a condition that the applicant should obtain permission before encumbering or selling the petition mentioned property. Now the applicant has filed this petition by stating that she got separated from her husband and she does not have any permanent job in order to meet out her medical and livelihood expenses, he needs to sell the property bequeathed to her.

3. As per the recitals of the Will, the testator bequeathed the property absolutely in favour of the applicant and there is no condition attached for the applicant to enjoy the suit property. This application has been filed only in view of the condition prescribed in the Letters of 1/3

Administration.

4. If the petition mentioned property cannot be enjoyed by the applicant while she was facing some crisis that will affect her interest. No one has raised any claim in respect of petition mentioned property so far. It is up to the purchaser to verify whether any charge or liabilities are pending as against the petition mentioned property. Hence in the interest of justice, I feel that permission may be granted to the petitioner to sell the property.

5. Accordingly, this Application is allowed and permission is granted to the applicant to sell the schedule property as per the Letters of Administration dated 16.06.2022 in O.P.No.559 of 2021. 21.07.2023 bkn 2/3

R.N.MANJULA, J.

bkn in O.A.No.559 of 2021 21.07.2023 3/3