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2014 (3) TMI 1182 - HC - Indian LawsGrant of letters of administration issued by this Court - title in respect of the property of a deceased - section 263 of the Indian Succession Act, 1925 - HELD THAT:- In catena of decisions of the Supreme Court and this Court, it is held that a party who has no caveatable interest or even a slightest interest in the property of the deceased and a party who claims interest adverse to the interest of the deceased testator cannot maintain a caveat. The Testamentary Court does not decide the title in respect of the property of a deceased. But insofar as the claim of the petitioners that they have interest in some of the properties which were the subject-matter of the petition for letters of administration and those letters of administration could not have been granted is concerned, in my view, this Court cannot decide such an issue of title in this petition for revocation nor has decided the issue of title in the petition filed for letters of administration by the respondent. Such issues can be adjudicated by a Civil Court. On a conjoint reading of 'just cause' described in Clauses (b) and (c) of section 263 of the Act, it is clear that if a grant is obtained fraudulently by making a false suggestion or by concealing from this Court something material to the case or the grant is obtained by means of an untrue allegation of fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently, such grant can be revoked on such just cause described in the explanation to section 263. The whole premise of obtaining the letters of administration was that the deceased died intestate and had not left any Will and on that ground the petition for letters of administration came to be filed - letters of administration granted by this Court in favour of the respondent in Testamentary Petition is revoked - respondent is directed to surrender the original of such letters of administration in the office of the Prothonotary and Senior Master of this Court within two weeks from today - petitions are disposed of with costs, quantified at ₹ 25,000/-.
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