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KRISHNA RAO
In the Goods of : Sri Krishna Koiri (Deceased) – Appellant
Versus
Bimala Devi – Respondent
JUDGMENT :
Krishna Rao, J.
1. The plaintiff has initially filed an application being PLA No. 6 of 1989 for grant of Letters of Administration of the last Will and Testament of the deceased, Krishna Koiri dated 4th April, 1966.
2. By an order dated 23rd July, 1990, this Court had granted Letters of Administration in favour of the plaintiff with respect to the Will and Testament dated 4th April, 1966. When the defendants came to know about the Letters of Administration granted by this Court, the defendants have filed an application under Section 263 of the Indian Succession Act, 1925 for revocation of Letters of Administration being G.A. No. 3181 of 2012 on the ground that no citation was served upon the daughters and other legal heirs and legal representatives of the deceased on whom the properties of the deceased would have devolved upon.
3. By an order dated 30th July, 2015, this Court allowed the application filed by the defendants and the Letters of Administration granted by this Court with respect to the Will was revoked and the plaintiff was directed to deposit the original Letters of Administration.
4. After revocation of Letters of Administration, the defendants have filed their
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
A holographic Will is presumed valid unless strong evidence is presented to the contrary. Delays in seeking letters of administration do not invalidate the Will if the right to apply arises from lega....
The absence of an original Will does not invalidate its probate if secondary evidence sufficiently proves its execution and the delay in application is justified.
Important Point : A will can be proved through secondary evidence if the original is lost, and Letters of Administration can be granted when no executor is appointed.
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