Case Note & Summary
The petitioner, Prakash P. Bambardekar, filed a petition under Section 263 of the Indian Succession Act, 1925 seeking revocation of Letters of Administration granted to the respondent, Avinash Vishvanath Ajgaonkar, on 15 June 2009 in Testamentary Petition No. 210 of 2009. The petitioner also sought an order directing the respondent to hand over possession of Flat No. A/501. The respondent is the son of the deceased, Sadashiv Anant Ajgaonkar, who died on 16 August 2003, and his wife Sudha Sadashiv Ajgaonkar, who died on 23 February 2002. The petitioner claimed that he was introduced to the deceased in 1987 and became close to him and his wife, helping them with day-to-day affairs. The petitioner alleged that the deceased executed a Deed of Declaration on 21 January 2002 transferring ownership rights in a new building to the petitioner, and that a similar declaration was executed by the wife. The petitioner also claimed to be the executor and beneficiary under a will of the deceased. The respondent, who has been residing in the USA since 1960, obtained Letters of Administration as the son and natural heir. The court examined the petition and found that the petitioner did not produce any will or probate, and the Deed of Declaration did not transfer ownership of the flat. The court held that the Letters of Administration were validly granted to the respondent as the natural heir, and there was no ground for revocation under Section 263. The petition was dismissed with no order as to costs.
Headnote
A) Succession Law - Revocation of Letters of Administration - Section 263 Indian Succession Act, 1925 - Petitioner sought revocation of Letters of Administration granted to respondent (son of deceased) claiming to be executor and beneficiary under a will and deed of declaration - Court held that petitioner failed to produce any will or probate, and the deed of declaration did not transfer ownership of the flat - Letters of Administration validly granted to respondent as natural heir - Petition dismissed (Paras 1-12).
Issue of Consideration
Whether the Letters of Administration granted to the respondent should be revoked under Section 263 of the Indian Succession Act, 1925 on the ground that the petitioner is the executor and beneficiary under a will or deed of declaration executed by the deceased.
Final Decision
Petition dismissed. No order as to costs.
Law Points
- Revocation of Letters of Administration under Section 263 of Indian Succession Act
- 1925 requires proof of fraud
- concealment
- or lack of jurisdiction
- mere claim of will or transfer does not suffice without probate or valid deed
- Letters of Administration granted to son as natural heir not revoked.
