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PRATEEK JALAN
Lalit Kumar Arora – Appellant
Versus
State – Respondent
JUDGMENT
Prateek Jalan, J. (Oral)
I.A. No.______/2023 (to be numbered) (under Diary No. 946162/2023)
1. Pursuant to the order dated 18.05.2023, the petitioner has filed an application under Order VI Rule 17 of Code of Civil Procedure, 1908 ["CPC"] for amendment of the petition.
2. Although the application is not listed today, a copy has been handed over in Court and is taken on Board.
3. The Registry is directed to number the application.
4. The application for amendment is necessitated by the fact that the petition was originally filed for probate of the document dated 22.02.2012 stated to be the Will of the petitioner's father - Mr. Kherati Lal Arora, whereas the petitioner is not the executor named in the Will. As probate cannot be granted to the petitioner in view of Section 222 of the Indian Succession Act, 1925, the petitioner has filed the present application for an amendment to the effect that he be granted the Letters of Administration with the Will annexed. It is stated that the error has occurred by inadvertence.
5. The testamentary proceedings are uncontested. It appears that the evidence led by the parties is also adequate to dispose of the petition for Letters of
The court has the discretion to allow amendment of a petition from probate to Letters of Administration with the Will annexed, and may dispense with the requirement of furnishing an administration bo....
Letters of Administration granted upon establishment of legal heir status and valid execution of a Will under the Indian Succession Act, 1925.
The duty of parties to come forward with a true case and true evidence, and the significance of prompt action in seeking probate of a Will.
Letters of Administration may be granted for a foreign will if authenticated copies are provided, and there are no objections contrary to the law.
Letter of Administration - Court cannot ignore non-service of notice even if person not served had knowledge about probate proceedings
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.
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