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1906 Supreme(Cal) 174
CALCUTTA HIGH COURT
Chandi Charan Mandal & Ors. - Appellant
Versus
Banke Behari Mandal & Ors. - Respondent
Appeal from Original Decree No. 483 of 1904
Decided On : 25-01-1906
Headnote:
Probate - Estate Administration - Sections 211, 212, 213 of the Indian Succession Act - The court held that after the death of the testator's widow, who was the executrix of the will and had taken the entire estate, there was nothing left to administer in the testator's estate. The order granting letters of administration was therefore discharged.
Fact of the Case:
The case involves the estate of Nilmadhab Mandal, who died more than 20 years ago. His will was proved after his death by his wife, the executrix, who took the entire estate subject to certain annuities. The wife is now also deceased, and the respondent, as the heir of Nilmadhab Mandal, has applied for letters of administration to his estate.
Finding of the Court:
The court found that after the long lapse of time, there was nothing left to administer in Nilmadhab Mandal's estate, as the property had passed to his widow many years ago. The court presumed that the estate had been administered, and discharged the order granting letters of administration.
Issues: Whether letters of administration should be granted to the respondent for the estate of Nilmadhab Mandal, who died more than 20 years ago and whose will was proved by his wife, the executrix.
Ratio Decidendi: The court held that after the death of the testator's widow, who was the executrix of the will and had taken the entire estate, there was nothing left to administer in the testator's estate. The order granting letters of administration was therefore discharged.
Final Decision: The court discharged the order granting letters of administration to the respondent for the estate of Nilmadhab Mandal.
JUDGMENT
Maclean, C.J. - I think the order made by the learned District Judge of 24-Pergunnahs is quite misconceived. He has granted letters of administration to the estate of one Nilmadhab Mandal, who died more than 20 years ago, and whose Will was proved after his death by his wife, the executrix, also more than 20 years ago. Under that Will, she took the whole of the estate subject to certain annuities and that is now more than 20 years ago. She is now dead and, after the lapse of this long period, the present Respondent, as heir of the deceased Nilmadhab Mandal, comes and asks for letters of administration to his estate. Now what is there to administer? Not a tittle of evidence has been given to show what it is. The Court may properly presume, in the absence of any thing to the contrary and after this long lapse of time that the estate has been administered. The only ground upon which the learned Judge bases his order is that the estate has not been completely administered. He says that para. 6 of the Will contemplates some administration after the death of the widow, the executrix, but when we look at para. 6 of the Will, we find that it does not relate to his own property but only contains a direction to the shebaits in relation to certain properties of which he himself had been a shebait. The property passed to the widow many years ago. There is, therefore, nothing to administer, in the true sense of the term, to the estate of the deceased Nilmadhab Mandal and the order of the lower Court, therefore, must be discharged with costs which we assess at two gold mohurs.
