ORDER :

The present petition has been circulated before this Court in the light of a specific explanation sought by the department from the advocate for the petitioner in this petition filed for grant of letters of administration with Will annexed. The department has sought an explanation as to how the present petition is maintainable and why a probate petition has not been filed.

2. The petitioner has filed the present petition for grant of letters of administration with Will annexed in the context of Will dated 29.05.2022. It appears that according to the department, considering the contents of the said Will, the petitioner has been appointed as an executor, and therefore, she ought to have filed a probate petition. Reference is made to Section 222 of the Indian Succession Act, 1925 (hereinafter referred to as the ‘Succession Act’). In order to appreciate the backdrop in which the said objection is raised by the department and explanation is called from the advocate for the petitioner, it would be necessary to refer to the relevant portion of the subject Will.

3. The relevant portion reads as follows:-

“I hereby give, devise and bequeath my all movable and immovable property to my ni