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DEVAN M. DESAI
Rakeshkumar Ramanbhai Patel – Appellant
Versus
None – Respondent
JUDGMENT :
1. Heard learned advocate Mr. Vishal T. Patel for the appellant. Perused the record.
2. By way of this appeal, the challenge is made against the order dated 14.8.2023 passed by the learned 14th Additional Civil Judge, Dehgam, District Gandhinagar in Civil Misc. Application No.9 of 2022.
3. The brief facts leading to filing of the present appeal are as under:
4. Submissions of learned advocate for the appellant are as under:
In non-contentious applications for Letters of Administration, strict proof under the Evidence Act is not required, and courts may rely on affidavits.
Shebaitship of a temple is property under Indian law and can be bequeathed through a valid will.
Succession Certificate – Courts are required to deal with application under Section 372 of Succession Act in a summary manner without asking for strict proof as contemplated under Indian Evidence Act....
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.
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.
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.
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.
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