Devinder Singh v. State.

Factual and Procedural Background

The petition under Section 278 of the Indian Succession Act sought Letters of Administration in respect of the movable and immovable estate at Delhi and Amritsar left by deceased Shri Inder Singh, who died intestate on 28 October 1995 at Amritsar. The petition stated that the petitioner, Shri Devinder Singh, was the only brother of the deceased and the only Class‑II heir. Notice was issued to the Chief Revenuing Controlling Authority and citations were published in The Statesman and Punjab Kesri; the Chief Revenuing Controlling Authority's report was received and no objection was filed to the grant in favour of the petitioner. During pendency, the petitioner Shri Devinder Singh died; an application (IA 5579/1997) under Order 22 Rule 3 read with Section 151 CPC was filed to implead/substitute Mr. Surender Hora, son of the deceased petitioner. The legal heirs of the deceased petitioner stated on 19 August 1997 that they had no objection to Mr. Surender Hora being brought on record; the application was allowed by order dated 19.8.1997. No objection was filed to the grant of Letters of Administration in favour of the petitioner’s son. The court granted Letters of Administration to Mr. Surender Hora as legal representative of the deceased petitioner in respect of the estate specified in Schedule 'A' to the petition and disposed of the petition.

Legal Issues Presented

1. Whether Letters of Administration under Section 278 of the Indian Succession Act should be granted in respect of the estate of the deceased Shri Inder Singh.
2. Whether substitution/impleadment of the deceased petitioner’s legal representative (Mr. Surender Hora) under Order 22 Rule 3 read with Section 151 of the Code of Civil Procedure was permissible so that Letters of Administration could be granted to him.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court's decision proceeded on the following points as recorded in the opinion:

• The petition under Section 278 was supported by the death certificate of Shri Inder Singh and the petitioner's claim of being the only Class‑II heir.
• Statutory and procedural formalities were complied with: notice to the Chief Revenuing Controlling Authority, publication of citation in the specified newspapers, and receipt of the Authority's report; no objections were filed to the grant in favour of the petitioner.
• After the death of the petitioner, an application under Order 22 Rule 3 read with Section 151 CPC for substitution/impleadment of his son, Mr. Surender Hora, was filed; the deceased petitioner's legal heirs declared no objection on 19 August 1997, and the application (IA 5579/1997) was allowed by order dated 19.8.1997, bringing Mr. Surender Hora on record as legal representative.
• No objections were filed to granting Letters of Administration in favour of the petitioner's son; on that basis, and having regard to the procedural compliance and the substitution, the court allowed the petition and granted Letters of Administration to Mr. Surender Hora in respect of the estate described in Schedule 'A'.

Holding and Implications

Holding: The petition is allowed and Letters of Administration are granted in favour of Mr. Surender Hora, being the legal representative of the deceased petitioner, in respect of the estate as per Schedule 'A' to the petition. The petition stands disposed of.

Implications: The direct effect is the grant of Letters of Administration to Mr. Surender Hora as legal representative of the deceased petitioner in respect of the specified estate. The opinion does not state or establish any broader precedent.