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N. J. JAMADAR
Uday Sharad Kulkarni – Appellant
Versus
Claude Lila Narayan Parulekar (Deceased) – Respondent
JUDGMENT :
(N.J. Jamadar, J.)
1. These applications raise an issue of jurisdiction of this Court, primarily, and were, therefore, heard together and are decided by this common order.
Interim Application (L) No. 30893 of 2022 -
2. This is an application for amendment in the petition for grant of Letters of Administration to the property and credits of Claude Lila Narayan Parulekar (the deceased) so as to include additional movable and immovable properties enumerated in the schedule annexed at Exhibit A to the application.
3. The applicant/petitioner filed the petition for grant of Letters of Administration asserting, inter alia, that the deceased died intestate leaving behind the petitioner and other surviving heirs and next of kin, the particulars of whom are furnished in the table at paragraph 4 of the petition. The petitioner claimed to be a son of the paternal cousin sister of the deceased. The petitioner asserted that the deceased has left behind the property described in the Schedule B i.e. 4-A, Queen’s Garden, Pune.
4. ‘Jeev Raksha Animal Welfare Trust’ has entered a caveat. Thereupon, the petition came to be converted into Testamentary Suit No. 65 of 2023.
5. The applicant has pr
Important Point : The High Court can grant Letters of Administration only if the deceased had a fixed place of abode or property within its jurisdiction, despite concurrent jurisdiction provisions.
The High Court's jurisdiction to grant probate is limited to cases where properties are outside the exclusive jurisdiction of the City Civil Court, and citation under Section 283(3) is unnecessary if....
The High Court possesses jurisdiction to grant letters of administration under the Indian Succession Act but may decline to exercise this discretion based on appropriate jurisdictional considerations....
The main legal point established in the judgment is that the District Court has jurisdiction to grant and revoke probate and letters of administration in cases specifically covered under Section 57(c....
Section 215 of Act is incorporated with effect of supersession on grant of probate or letters of administration.
No petition for probate filed under Section 276 of the Act. In the absence of any such petition, the court below cannot invoke the provisions under Section 295 of the Act.
(1) There is no prohibition for a person from producing, relying upon and claiming a right under a Will, in any proceeding instituted by others including other legal heirs for partition or other reli....
Point of law: A conjoint reading of Sections 371, 372 and 384 of the Act would show that the original jurisdiction to entertain and decide a petition for the grant of a succession certificate has bee....
The delay in seeking probate does not necessarily warrant denial, and the jurisdiction for probate or letters of administration is determined by the location and value of the properties, as per the I....
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