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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL
K.Jothi (Deceased),W/o.S.Kannan – Appellant
Versus
J.Jeyasingh (Deceased), S/o.G.S.Jayaraj – Respondent
ORDER :
P. DHANABAL, J.
This application has been filed by the applicants to revoke the grant of Letters of Administration granted in favour of the petitioners in the main Original Petition through order dated 05.10.2021. In fact, initially, the application was filed by the applicant, viz., K.Jothi and during the pendency of the application, she died and her legal heirs are impleaded as applicants 2 to 4.
2. An affidavit has been filed by the original applicant, namely, K.Jothi alleging that she is the applicant herein and the respondents have filed the main Original Petition for grant of Letters of Administration without Will in respect of estate of Late J.Paulraj son of G.S.Jayaraj, who died on 12.09.2017 at No.2, Mudichur Road, West Tambaram, Chennai – 600 045. In fact, the said J.Paulraj executed a Will dated 26.04.2017 by appointing the said Jothi as an executor, by suppressing the said Will, the said Main Original Petition has been filed by the respondents / petitioners.
2.1. The said J.Paulraj married one Parvathi and no children were born to them. Therefore, the said Paulraj and Parvathi reared brother’s son of Parvathi, namely, Veerakumar by providing education and nurtured hi
Letters of Administration cannot be revoked based solely on claims of a suppressed Will; substantial proof is necessary to validate allegations regarding testamentary documents.
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.
Revocation of Letters of Administration under Section 263 of the Indian Succession Act is justified if obtained through misrepresentation and failure to implead all legal heirs.
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....
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....
The court held that fraudulent concealment of material facts by original petitioners justified the revocation of Letters of Administration under Section 263(b) of the Indian Succession Act.
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.
In non-contentious applications for Letters of Administration, strict proof under the Evidence Act is not required, and courts may rely on affidavits.
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