SWAMINATHAN Vs. ALANKAMONY (DEAD)

JUDGEMENT

(1.) The challenge in the present appeals is to an order dtd. 5/11/2008 whereby an appeal under Sec. 299 of the Indian Succession Act, 1925 (for short, 'the Act') filed by the brother of the testator for revocation of Letters of Administration dtd. 9/3/2002 was allowed.

(2.) The appellants sought Letters of Administration of a registered Will deed dtd. 23/8/1991 said to have been executed by one Thankappan Nadar in favour of the appellant - brother of the testator and his two sons. After the grant of Letters of Administration, another brother of testator filed an application for revocation of the Letters of Administration on the ground that all the legal heirs were not impleaded in the proceedings for the grant of Letters of Administration. The Civil Court dismissed the application for revocation but the order was set aside in appeal. Aggrieved, the legatee is in appeal before this Court.

(3.) Drawing our attention to the difference in the language employed between Sec. 276 and Sec. 278, the learned counsel for the appellants contended that what was filed by the appellants was a petition under Sec. 276(1) and that therefore, the requirement to make a mention about the details of the family and other relatives of the deceased, contained in Sec. 278(1) cannot be imported into Sec. 276. According to the learned counsel, the petition filed by the appellants was one for the grant of Letters of Administration with the Will annexed. It was not a petition filed under Sec. 278(1).