JUDGMENT :

This appeal is against the grant of letters of administration in favour of the plaintiff/petitioner by the trial court, against which the defendant came up.

2. The principal questions came up for consideration are with respect to the permissibility of granting either a probate or letters of administration in substitution of a declaration or adjudication pertaining to testament or Will by a competent civil court, at what stage the jurisdiction to issue a probate or letters of administration can be exercised, what would be the authority that can be extended under a probate or letters of administration and in whose favour it can be issued, besides the question regarding exercise of jurisdiction by the Courts within the State of Kerala.

3. In order to resolve the above said issues, it is necessary to have an understanding with respect to what actually amounts to probate and letters of administration and the jurisdiction that can be exercised for its issuance. The words “Administrator” and “Probate” are defined under clause (a) and (f) of Section 2 of Indian Succession Act, 1925 (for short, 'the Act') as follows:

“(a) "administrator" means a person appointed by competent author