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2026 Supreme(Online)(Mad) 60057
IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. Maria Clete, J
Mrs.K.Vanaja – Appellant
Versus
Radha alias Radhabai – Respondent
A. No. 5328 of 2025 in O.P. No. 731 of 2022
For the Appellants/Petitioners: K. Chandru
For the Respondents: P. Pushpalatha, V. Yogaraj, Meiyappan Mohan, K. Subhasini
A Testamentary Court does not retain jurisdiction to grant permission for the sale of estate properties or supervise the distribution of assets among beneficiaries once Letters of Administration have been granted and the Original Petition is concluded.
Headnote:The applicants, having been granted Letters of Administration under the Indian Succession Act, 1925, sought permission from the Court to sell the schedule-mentioned property and distribute the proceeds among legal heirs. The Court examined whether such an application is maintainable within its testamentary jurisdiction after the grant of administration. The primary issue was whether the Testamentary Court retains jurisdiction to grant permission for the sale of estate properties or supervise distribution after the Original Petition is concluded. The Court reasoned that under S.307 of the Indian Succession Act, 1925, an administrator is empowered to dispose of property for administration purposes, and the Court does not retain supervisory jurisdiction over such sales or distributions unless specifically provided by the Act. Accordingly, this Court is of the view that the present application is not maintainable and hence, A.No.5328 of 2025 is dismissed as not maintainable.
| Table of Content |
|---|
| 1. application for permission to sell estate property after grant of letters of administration. (Para 1 , 2) |
| 2. testamentary court lacks jurisdiction to supervise property sale post-administration grant. (Para 3 , 4 , 5) |
| 3. dismissal of application due to lack of maintainability. (Para 6) |
PRAYER: To permit the petitioners to sell the property.
ORDER
The applicants, who were granted Letters of Administration in O.P.No.731 of 2022 by order dated 17.04.2025, have filed the present application seeking permission of this Court to sell the schedule-mentioned property and distribute the sale proceeds among the beneficiaries/legal heirs.
2. The only question that arises for consideration is whether such an application is maintainable before this Court in its testamentary jurisdiction.
3. Once Letters of Administration have been granted, the Original Petition stands concluded. The administrator derives authority under the Indian Succession Act, 1925, to administer the estate in accordance with law. The Testamentary Court does not retain jurisdiction to grant permission for sale of estate properties or to supervise distribution of the estate among beneficiaries, except to the extent specifically provided under the Act.
4. Section 307 of the Indian Succession Act, 1925 empowers an executor or administrator to dispose of the property of the deceased in the course of administration of the estate. Such power is intended to be exercised for purposes connected with administration, including discharge of the debts, liabilities and other obligations of the deceased testator. The Testamentary Court does not retain jurisdiction to grant permission for sale of estate properties or to supervise distribution of the estate among beneficiaries, except to the extent specifically provided under the Act.
5. The relief sought by the applicants falls outside the scope of testamentary jurisdiction. Consent or no objection by any of the beneficiaries cannot confer jurisdiction upon this Court.
6. Accordingly, this Court is of the view that the present application is not maintainable and hence, A.No.5328 of 2025 is dismissed as not maintainable. No costs.
06-07-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
AY
