CiteTEXT
...1. By this petition filed under section 263 of the Indian Succession Act, 1925, petitioner seeks revocation of Letter of Administration issued by this Court to...section 263 of the Indian Succession Act and thus no relief can be granted in favour of the petitioner. Letter of Administration granted by this Court in favour of the r...revocation of Letter of Administration is that respondent has obtained Letter of Administration by making false statement on oath that the deceased had not left any Will though i...
...Civil Judge, Senior Division, Aurangabad for revocation of order granting letter of administration in favour of appellants in MARJI No. 472/97.6. The learned Civil Judge, Senior Div.... He further submitted that when the Civil Judge, Senior Division has rejected the application of the respondent for revocation of letter of administration, the respondent had filed Page: 114Regul...Civil Appeal No. 411/1998 before the District Judge and District Judge by order dated 10th January, 2003 has revoked the letter of administration, granted in favour of appellants. According to the learned counsel f...
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JUDGMENT :
By this petition filed under section 263 of the Indian Succession Act, 1925, petitioner seeks revocation of Letter ...Succession Act and thus no relief can be granted in favour of the petitioner. Letter of Administration granted by this Court in favour of the respondent as far back as on 15thJune, 2009 has been...) ......
(e) ......
14. On perusal of the petition, it is clear that the only ground on which the petitioner has applied for revocation of Letter ...
...respondent at the instigation of respondents 1 and 2 and on the basis of the forged Will, the first respondent obtained Letter of Administration dated 06.01.2003 in O.P.No.559 of 2001 without impl...and respondents 1 and 2 and further submitted that the Will executed by the first respondent's father was authorised by this Court by way of Letter of Administration dated
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...his son/ first respondent at the instigation of respondents 1 and 2 and on the basis of the forged Will, the first respondent obtained Letter of Administration dated 06.01.2003 in O.P.No.559 of 20...
...appearing for the petitioner on the other hand invited my attention to section 263 of Indian Succession Act, 1925 and would submit that letter of administration has been granted by this c...consideration thereof. Under these circumstances, it is not necessary that the application for revocation of the probate or letter of administration would be treated as a suit as contemplated under section...that the procedure required under section 295 need not be adopted for disposal of the application filed under section 263 for revocation of the probate or the letter of administration. It would be...
.... The petition was allowed and the order was passed for issuance of letter of administration on 01.03.1980. Consequently the letter of administration was issued..... Thereafter petition under Section 278 of the Indian Succession Act was filed by the appellant for issuance of letter of administration on 30.10.1979, which was allowed after following the due procedure ...the Section which defines the procedure of revocation of letter of administration. Therefore the learned court below has exceeded its jurisdiction in recording the findings and revoking the ...
...petition in P & S C No.29/2019 and granted the Letter of Administration to the respondents. The appellant on coming to know about grant of Letter of Administration in favour ...Letter of Administration which came to be registered in P & S C No.42/2020 and subsequently, it was re-registered as Mis.No.22/2021 and it was filed under Section 263 of the Act.
...taking action under Section 340 of Cr.P.C., but, he has included the said prayer in the petition seeking revocation of Letter of Administration. The citation has been duly published in the newspap...
...Procedure.
2. The respondents No.1 to 5 have filed a Miscellaneous Petition in Misc.No.25109/2011 seeking revocation of the order dated 25.07.2008 passed in
...P & SC No.25012/2007 is by playing fraud on the Court and therefore, they have sought revocation of Letter of Administration by presenting the Miscellaneous Petition under Section 263 of The...judgments cited by learned Counsel appearing for the petitioners. The proceedings which are pending in Misc.No.25109/2011 is in respect of Letter of Administration granted in favour of respondent No.6 who ...
...giving opportunity to both the parties to adduce evidence and consideration thereof. Under these circumstances, it is not necessary that the application for revocation of the probate or letter of ...filed under Section 263 for revocation of the probate or the letter of administration. It would be treated as miscellaneous application and disposed of as indicated earlier according to the given ...grounds available, grant of probate or letter of administration may be revoked. In my view, whether action taken by the respondent for obtaining letter of administration was proper or not...
...rightly revoked the Letters of Administration. On the issue of delay, it was submitted that the revocation application was filed in time, as Jai Ram obtained knowledge of the grant of ...the appellant contended that the appellant is the bonafide purchaser of the estate left by the testatrix for Som Prakash and the subsequent revocation of Letter of ...(2) Kar LJ 301 and Crystal Developers (Supra).
Mr. Chhabra, learned counsel for respondent No. 2, on the other hand, submitted that as the Letter of Administration was obtained...
.... Mr.Kanade, the learned counsel appearing for the petitioner on the other hand invited my attention to section 263 of Indian Succession Act, 1925 and would submit that letter of administration has been granted by ...opportunity to both the parties to adduce evidence and consideration thereof. Under these circumstances, it is not necessary that the application for revocation of the probate or letter of administration w...adopted for disposal of the application filed under Section 263 for revocation of the probate or the letter of administration. It would be treated as miscellaneous application and disposed ...
...decide an application for revoking a probate or letter of administration. Therefore, the Learned Counsel for the Petitioners prays that the impugned order be set aside.4. Learned Counsel for the Opp. Party, o...inherent in the court, which has been vested with the power of granting letter of administration. It is further submitted that the distinction between a notification under the Indian Succession A...proceedings for grant of probates and letters of administration under the Indian Succession Act 1925 (Act 39 of 1925), transferred to their files by the District Judge.By o...
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5. On 24.01.2002, the Appellants filed a suit for permanent injunction, which was dismissed on 04.05.2002. On 01.06.2005, the Appellants filed an application seeking revocation of letter ...properly contested the petition for revocation of letter of administration nor the suit for possession as well he filed an appeal against the decree for possession.
10...) [hereinafter referred to as 'Sh. Vipul'] filed a petition for grant of probate on the basis of a will executed by late Smt. Nirmal, pursuant to which letter of administration was issued on 13.08.1997. Sh...
...in a case where probate was sought for and there were contentious issues involved in that behalf. Therefore, it would be treated as a suit and the propounder who seeks probate or letter of administration will be treated as ...to be considered on the grounds set out under Section 263 of the Act. When the person who seeks revocation of the probate or letter of administration is required to be dealt with as an...opportunity to both the parties to adduce evidence and consideration thereof. Under these circumstances, it is not necessary that the application for revocation of the probate or letter of administration w...
...appellant with regard to such Will and the respondent by placing the fraudulent documents on the record, has prayed for revocation of the letter of
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Misc. Application No.163 of 2022 was filed for obtaining the letter of administration under Section 278 of the Succession Act.
...Section 263 of Succession Act and replied thereto for revocation of letter of administration granted by the Court below on 16.11.2022 while allowing the Civil Misc. Application No.163 of ...
...section 263 of the Indian Succession Act (hereinafter referred to as the Act) seeking revocation of Letter of Administration dated 17th November, 2002 and suspension ...administration bonds. In the above probate petition, appellants herein are respondents 2 & 3.3. On 30th September, 2002, appellants herein moved an application under section 263 of the Act for...revocation of probate which was granted in terms of judgment dated 15th September, 2001 wherein it is alleged that appellants came to know about the grant of probate when respondent No. 1 had filed...
...& Sessions Judge, Head Quarters, Delhi, dismissing the application of the appellant, being M. No.5/17 under Section 263 of the Indian Succession Act, 1925 ('IS Act') seeking revocation of the probate ...Neelam Sharma. The testator died on 03.12.2003. By judgment dated 09.01.2006, letter of administration in respect of Will was granted by the learned District Judge, Delhi on the petition filed by Smt. Neelam Sharma...is no provision under the Limitation Act or under the IS Act specifying the period of limitation for filing an application seeking revocation of grant of probate or letter of ...
...document, decided the case in favour of Ram Naresh Singh by the order dated 06.01.1997 and Letter of Administration was issued in favour of Ram Naresh Singh. After about four months, the appellant Chhotey ...Letter of Administration as well as for recall of the order dated 06.01.1997. The appellant in F.A.F.O.No.86 of 2016, namely, Master and Jangali also applied for revocation of...applications for revocation of Letter of Administration and recalled the order dated 06.01.1997. The Miscellaneous Case No.512 of 1999 was restored for decision afresh. An appeal was preferred bef...
...rightly revoked the Letters of Administration. On the issue of delay, it was submitted that the revocation application was filed in time, as Jai Ram obtained knowledge of the grant of ...the appellant contended that the appellant is the bonafide purchaser of the estate left by the testatrix for Som Prakash and the subsequent revocation of Letter of ...(2) Kar LJ 301 and Crystal Developers (Supra).
Mr. Chhabra, learned counsel for respondent No. 2, on the other hand, submitted that as the Letter of Administration was obtained...
...the basis of which Hari Narain's case (supra) was decided was that in the said case a suit was filed for revocation of a probate. Mutatis mutandis that principle cannot be applied to a petition for grant of a proba...administration is a conclusive proof of the legal character of that right. In a petition for revocation of probate, it is after grant of probate or letter of...administration, a suit is filed for revocation of probate or grant of letter of...