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AJOY KUMAR MUKHERJEE
Amitabha Saha – Appellant
Versus
Sriparna Biswas – Respondent
JUDGMENT
Ajoy Kumar Mukherjee, J.—This application has been directed against order dated February 16, 2019 passed by the learned District Delegate at Alipore in Letters of Administration case no. 336 of 1984. One Anilananda Saha was the owner of the flat situated at the 2nd floor of premises no. 176 Rasbihari Avenue. Said Anilananda by the last will and testament bequeathed all his share in the said flat to his sister-in-law MRs.Sukumari Saha and her son Paramananda Saha with a stipulation that in case said Paramananda does not marry and dies without issue, the property will revert back to the present petitioneRs.The testator Anilananda died on 25th July 1983 and consequent to the death of the testator, aforesaid Paramananda and Sukumari applied for Letters of Administration of the said will and testament being Act XXXIX Case No. 336 of 1984 (L.A.) During pendency of the said proceeding, aforesaid Sukumari Saha expired on 09/07/1987. By order no.101 dated 11/09/2008, learned District Delegate was pleased to grant Letters of Administration in favour of the said petitioner Paramananda Saha @ Kanu Saha upon filing the court fee Rs.10,000/-. Thereafter Paramananda filed administrative
The jurisdiction of the Probate Court is limited to the validity of the will and the grant of Letters of Administration, and it cannot interpret the terms of the will to determine property rights.
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.
A third party cannot seek revocation of probate after delay when beneficiary under Will remained silent during her lifetime.
The revocation of letters of administration nullifies any legal actions taken based on the authority of those letters, and a will must be proven genuine before any claims based on it can be upheld in....
Legal heirs can be substituted in place of the deceased applicant in probate proceedings, and they have an independent right to apply for Letters of Administration in their own capacity.
Revocation of Letters of administration nullifies the basis for recovery of possession, requiring validation of the Will before any legal action can proceed.
Legal heirs of a deceased legatee/beneficiary under a Will are entitled to pursue proceedings to claim properties allegedly bequeathed to the deceased, and proceedings for grant of probate can be con....
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