JUDGMENT

V.N. Khare, CJI.-Leave granted.

2. This appeal is directed against the judgment and order dated 17th August, 2001 of the High Court of Delhi, which raises a question, whether a Society registered under the Societies Registration Act, 1860 is entitled to obtain Letter of Administration under Section 236 of the Indian Succession Act (in short "the Act")?

3. The facts giving rise to this appeal are these :

One Ratan Lal executed a Will on 15.10.1977 bequeathing a part of his estate to Jain Bal Ashram which is run by the Jain Society (hereinafter referred to as "the Society") formed for protection of orphans in India. The Society is registered under the Societies Registration Act, 1860. On 4th March, 1978, Ratan Lal, the testator died. On his demise, the Society submitted an application before the Court for grant of Letter of Administration in pursuance of Will executed by late Ratan Lal, under Section 276 of the Act. The said petition was contested by the appellant and on her death by her legal representatives, on the ground that the petition filed by the Respondent-Society is not maintainable in view of Section 236 of the Act. The High Court being of the view that it is permissi