TMI Blog1950 (4) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... widow is the applicant for probate of the will which was registered during the lifetime of her deceased husband. To the petition, her co-widows, the daughters of the deceased and his brothers were made parties. An application was made pending the petition purporting to be under Sections 247 and 268, Succession Act and Sections 94 and 151 and Order 40, Rule 1, Civil P. C., for the appointment of an interim administrator or receiver to take possession of the entire estate and manage the same during the pendency of the probate proceedings. 2. The estate comprises admittedly considerable extent of immovable property. The deceased was entitled to a third share. The properties had not been divided by metes and bounds and it is common ground t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... party. He, however, was convinced that it was necessary to safeguard the interests of the petitioner by appointing a local advocate as receiver but with limited functions, namely, to have general supervision over the management of the estate, to take an inventory of the movables and out-standings and to receive a third share of the net income from the two brothers (respondents 6 and 7) and deposit the same immediately into Court. Respondents 6 and 7 were directed to give adequate facilities to the receiver for supervising their management and to make the accounts available to him for scrutiny. Respondents 6 and 7 have appealed against this order. 3. On their behalf Mr. Kuttikrishna Menon first raised a preliminary objection to the maint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te from taking possession of the properties of the deceased and administering his estate. Having regard to these facts, it was held that there was no scope for the application being granted either under Order 39, Rule 1, Civil P. C., or under any inherent jurisdiction of the Court. It was pointed out inter alia that under Section 247, Succession Act, 1925, pending any suit touching the validity of the will of a deceased person the Court may appoint an administrator of the estate of such deceased person, who shall have all the rights and powers of a general administrator, other than the right of distributing such estate. It has also been held that the position of such an administrator would be analogous to that of a receiver appointed under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. Obviously, for such supervision he must be entitled to look into the accounts and to take other steps to prevent the income of the property from being secreted or otherwise misappropriated. 7. It was contended that a receiver with powers such as have been conferred by the learned District Judge is not contemplated under Order 40, Rule 1, Civil P. C. But, in our opinion, the language of Order 40, Rule 1 is wide and elastic enough to justify an order of the kind made by the learned District Judge. Under clause (d) of Rule 1 of Order 40 the Court can confer upon the receiver all such powers as may be necessary for the realisation, management, protection and preservation of the property. This is all that the learned Judge has done by his ..... X X X X Extracts X X X X X X X X Extracts X X X X
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