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IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
In The Goods Of : Damodardas J. Wadhwa alias Damodardas Jerambhai Wadhwa – Appellant
Versus
. – Respondent
JUDGMENT :
KRISHNA RAO, J.
1. The applicant Smt. Jayshree J. Wadhwa W/o Late Dilip Wadhwa, residing at Tivoli Court, Apartment No. 66, 10th Floor, 1/A, Ballygunge Circular Road, Kolkata – 700 019 filed two applications being G.A. No.1 of 2024 for revocation of Letters of Administration in respect of the Estate of Late Damodardas J. Wadhwa granted by an order dated 20th July, 2023 and appointment of an independent person as an administrator in respect of the Estate of Late Damodardas J. Wadhwa and G.A. No. 2 of 2025 praying for interim order and mandatory injunction.
2. The applicant claims that at a family get together, the applicant came to know that Letters of Administration in respect of assets the estate of the deceased Damodardas J. Wadhwa was granted to Smt. Anusuya Pujara and that after her death on 13th February, 2024, her son Nirmal Pujara was claiming to be the sole owner of the joint family assets and properties on the basis of the Letters of Administration granted by this Court.
3. Mr. Suman Dutt, Learned Senior Advocate representing the applicant submits that the application for grant of Letters of Administration was prepared by suppressing vital facts and had obtained Let
A daughter-in-law lacks caveatable interest in her in-laws' estate and must establish a direct legal claim to contest Letters of Administration, especially where legal heirs are not properly disclose....
(1) Will – A legatee claiming under Will cannot, at the same time, question its validity – Claim must be either by way of inheritance or by way of an interest in estate itself.(2) Nominee being a tru....
A proceeding for grant of Letters of Administration under Section 278 of the Indian Succession Act can continue despite the death of executors, as the provisions governing probate do not apply.
The court clarified the procedural necessity of appointing a guardian for a lunatic before granting Letters of Administration, emphasizing the rights of heirs based on intestacy and legal title.
The revocation of Letters of Administration is justified if necessary parties with a legal interest in the estate are not cited in probate proceedings, as per Section 263 of the Indian Succession Act....
The properties in question were determined to be ancestral, granting coparcenary rights to the daughter under the Hindu Succession (Amendment) Act, 2005.
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