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SUPREME COURT OF INDIA
HEMANT GUPTA, V. RAMASUBRAMANIAN, JJ.
Swaminathan & Ors. - Appellants
Versus
Alankamony (Dead) Through Lrs. – Respondent
Civil Appeal No.798-799 of 2013
Decided on : 09-03-2022
Section 299 - Indian Succession Act, 1925 - Sections 276, 278, 263 - Summary of Acts and Sections
Fact of the Case:
The appellants sought Letters of Administration of a registered Will deed but another brother of the testator filed an application for revocation of the Letters of Administration on the ground that all the legal heirs were not impleaded in the proceedings for the grant of Letters of Administration.
Finding of the Court:
The High Court held that a just cause existed for revoking the grant, and the appeals were dismissed.
Issues: Challenge to the order allowing the appeal under Section 299 of the Indian Succession Act, 1925 for revocation of Letters of Administration.
Ratio Decidendi: The grant of Letters of Administration may be revoked for 'just cause' as per Section 263, and the High Court was right in holding that a just cause existed for revoking the grant.
Final Decision: The appeals were dismissed, and pending applications, if any, also stand disposed of.
ORDER :
1. The challenge in the present appeals is to an order dated 05.11.2008 whereby an appeal under Section 299 of the Indian Succession Act, 1925 (for short, ‘the Act’) filed by the brother of the testator for revocation of Letters of Administration dated 09.03.2002 was allowed.
2. The appellants sought Letters of Administration of a registered Will deed dated 23.08.1991 said to have been executed by one Thankappan Nadar in favour of the appellant – brother of the testator and his two sons. After the grant of Letters of Administration, another brother of testator filed an application for revocation of the Letters of Administration on the ground that all the legal heirs were not impleaded in the proceedings for the grant of Letters of Administration. The Civil Court dismissed the application for revocation but the order was set aside in appeal. Aggrieved, the legatee is in appeal before this Court.
3. Drawing our attention to the difference in the language employed between Section 276 and Section 278, the learned counsel for the appellants contended that what was filed by the appellants was a petition under Section 276(1) and that therefore, the requirement to make a mention about the details of the family and other relatives of the deceased, contained in Section 278(1) cannot be imported into Section 276. According to the learned counsel, the petition filed by the appellants was one for the grant of Letters of Administration with the Will annexed. It was not a petition filed under Section 278(1).
4. In order to appreciate the above contention, it is necessary to present Section 276(1) and Section 278(1) in a table as follows:
| Section 276 | Section 278 |
| 276. Petition for probate.— (1) Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating— (a) the time of the testator’s death, (b) that the writing annexed is his last Will and testament, (c) that it was duly executed, (d) the amount of assets which are likely to come to the petitioner’s hands, and (e) when the application is for probate, that the petitioner is the executor named in the Will. (2)… (3)… | 278. Petition for letters of administration.— (1) Application for letters of administration shall be made by petition distinctly written as aforesaid and stating— (a) the time and place of the deceased’s death; (b) the family or other relatives of the deceased, and their respective residences; (c) the right in which the petitioner claims; (d) the amount of assets which are likely to come to the petitioner’s hands; (e) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (f) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate (2)… |
5. But unfortunately for the appellants, the catch is not to be found in the distinction between Section 276 and Section 278. It is to be found in Section 263 which reads as follows:
263. Revocation or annulment for just cause. —The grant of probate or letters of administration may be revoked or annulled for just cause.
Explanation. —Just cause shall be deemed to exist where—
(a) the proceedings to obtain the grant wer
The grant of Letters of Administration may be revoked for 'just cause' as per Section 263 of the Indian Succession Act, 1925.
An application for revocation of Letters of Administration under Section 263 of the Indian Succession Act is maintainable even before the actual issuance of the Letters of Administration.
In a case where the revocation of grant of probate/letter of administration was not done on the ground that the Will was not genuine but was done on the ground of non citation; the Will may be proved....
The central legal point established in the judgment is that amendments to petitions under the Indian Succession Act, 1925 can be allowed based on the purpose of the grant and the principles of justic....
Letter of Administration - Court cannot ignore non-service of notice even if person not served had knowledge about probate proceedings
The court emphasized the need for the applicant to establish a "just cause" to revoke the probate, highlighting that the reasons cited by the applicant should be examined bearing in mind the law rela....
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