The necessity of Administration Bonds for Letters of Administration can be exempted for sole beneficiaries, aligning with legislative intent and practical considerations.

ORAL ORDER ON I.A.1/2025 & I.A.No.2/2025

An application in I.A.No.1/2025 is filed under Section 151 Code of Civil Procedure seeking dispensation of execution of Administration Bond by the petitioner for the purpose of issuance of Letters of Administration as required under Section 291 of the Indian Succession Act 1925 , (hereinafter referred to as the Act 1925).

2. Another application in I.A.2/2025 is filed under Rule 17 of Rules Governing Probate and Administration Matters 1964 (hereinafter referred to as Rules 1964) read with Section 151 Code of Civil Procedure seeking direction to the Registry to accept the sureties furnished by the petitioner.

3. The above Probate Civil Petition is filed under Section 228 read with Section 278 and Section 290 of the Act 1925 for grant of Letters of Administration in respect of the Will and Testament dated 21.04.2009 and the Codicil dated 22.05.2017 of late Mr.Mandepandra Kalappa Thimmiah in respect of his estate bequeathed in favour of his wife- Mrs.Swetha Thimmiah, the petitioner herein. Originally the petitioner had filed a petition for grant of probate of the aforesaid Will and Testament dated 21.04.2009 and the Codicil dated 22.05.2017 before the High Court of Justice England and Wales, Principal Registry of Family Division HMCTS Probate, which has granted a probate. The present petition is filed seeking extension in respect of the assets of the deceased situated in India. On 05.04.2024 this Court had allowed the main petition with the following:

ORDER

1. Petition is allowed.

2. Registry is directed to issue Letters of Administration in the name of petitioner subject to petitioner furnishing administration bond to enable them to collect the amount due to the estate of the deceased Mr.Mandepandra Kalappa Thimmiah.

3. Petitioner is also directed to furnish inventory within six months from the date of Letters of grant of administration and accounts within one year from the said date.

4. It appears pursuant to the aforesaid order petitioner furnished Administration Bond along with affidavits of two sureties namely Mr.Shivaprakash and Mr.A.Jones requesting the Registrar of this Court to permit them to execute the bond in terms of Rule 17 of the Rules 1964.

5. It is contended that at the time of execution of the Administration Bond, the Registrar of this Court has raised objection to accept the said sureties on the premise that they are required to furnish details of their properties, value of which shall be equal to the assets mentioned in the Will and Testament and the Codicil of the deceased. It is this which has led the petitioner to file the aforesaid applications.

6. Learned counsel for petitioner submits that there is no provision either under the Act, 1925 or the Rules, 1964 providing for furnishing of the Administration Bond with the sureties having assets value of which is equal to the subject matter of the probate. He submits the insistence by the Registrar is therefore untenable.

7. Relying upon the order dated 13.12.2024 passed by the Co-ordinate Bench of this Court in Probate Civil Petition No.20/24 in the matter of Ms. Alex Pappiah Malapati Vs. Nil, wherein this Court