Swaminathan & Ors. vs Alankamony (Dead) through Lrs.

Court

Supreme Court of India

Date

9 March 2022

Case No.

Civil Appeal No.798-799 of 2013

Result

Dismissed

Bench

Hemant Gupta, V. Ramasubramanian

Citation

[2022] 1 S.C.R. 878 : 2022 INSC 283

Headnote

Succession Act, 1925:s. 263 – Revocation of letters of administration – When – Held: As per s. 263, the grant of letters of administration may be revoked for “just cause” – Explanation (a) states that just cause would be deemed to exist where the proceedings were defective in substance – Illustration (ii) u/s. 263 deals with a case where “the grant was made without citing parties who ought to have been cited” – On facts, the brother of the testator filed application for revocation of letters of administration on the ground that all the legal heirs were not impleaded in the proceedings for the grant of letters of administration – High Court was right in holding that a just cause existed for revocation of Letters of Administration – Thus, the order of the High Court does not call for interference.

The following Order of the Court was passed : ORDER 1. The challenge in the present appeals is to an order dated 05.11.2008 whereby an appeal under Section 299 of the Indian Succession Act, 1925 (for short, ‘the Act’) filed by the brother of the testator for revocation of Letters of Administration dated 09.03.2002 was allowed. 2. The appellants sought Letters of Administration of a registered Will deed dated 23.08.1991 said to have been executed by one Thankappan Nadar in favour of the appellant – brother of the testator and his two sons. After the grant of Letters of Administration, anothe

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