Point of Law: Section 215 of Act is incorporated with effect of supersession on grant of probate or letters of administration.

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 authority to administer the estate of a deceased person when there is no executor;

(f) "probate" means the copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator.”

(emphasis supplied)

4. When there is an appointment or a named person in the testament or a Will as executor, the Court can grant probate to such executor with a “grant of administration to the estate of the testator” and when there is no such executor either named or nominated or appointed by the testator in the Will or codicil (testament), the court can appoint a person with the authority to “administer the estate of a deceased person”. In fact, the purpose to be served by an executor or an administrator is identical and same in all respects i.e. administer the estate of deceased person/the testator. The language employed by the legislature in the definition clause (a) and (f) is so crucial that in clause (a) what is stated is “estate of a deceased person” presumably on the reason that letters of administration can be granted both in the case of testamentary succession and non-testamentary succession, which is clear from the language in Section 212 of the Act. On the contrary, the wording used in clause (f) pertaining to the grant of probate is the expression “estate of the testator” which would make it clear that clause (f) and grant of probate would operate only when there is testamentary succession and not otherwise. The expression used in clause (a) regarding issuance of letters of administration is “estate of a deceased person” and not the testator. This would show that letters of administration can be issued both in testamentary and non-testamentary succession.

5. By the Scheme of the Act, provisions were made to vest a “representative title” over the asset of a deceased person/testator to protect such assets from being defeated or destroyed either due to efflux of time or otherwise. The provisions incorporated in Chapter VIII and IX of the Act for that purpose are self explanatory with respect to the jurisdiction that can be exercised in the matter of a probate or letters of administration. The cause title to Chapter VIII -“REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION” would speak with respect to the concept of a “representative title” which can be extended to the person in whose favour a probate or letters of administration can be issued. In fact, the term “representative title” stands for something in which a person can be vested with an authority to deal with the assets of another alive or dead to protect or to achieve certain purposes irrespective of whether he is having right, title or interest over the property or not and the actions done by such person within the said authority would sta