VERONICA MARY ALISON DAS Vs. STATE

JUDGEMENT

(1.) The short question raised in this petition is whether the list of assets and liabilities are to be incorporated to the probate or letter of administration issued.

(2.) This application is filed by the applicant-petitioner under Sections 151,152 and 153 of the Code of Civil Procedure read with Sections 226 and 268 of the Indian Succession Act, 1925. In the said application the petitioner had prayed for letters of administration with the Will annexed in her favour. By an order dated 14th December, 1989, this Court was pleased to allow the above petition and directed that the grant as prayed for be issued on payment of requisite Court-fee. After payment of requisite Court-fee, the Office prepared a draft of the grant to be issued, which was seen by the learned Counsel for the applicant-petitioner, who has stated that the details of the assets and liabilities should not be incorporated in the grant to be presently issued in the above case. Office has still enclosed the list of liabilities and assets in the grant issued. Therefore, the petitioner in the said application has prayed for deletion of annexing the details of assets and liabilities to the grant made and also prayed such other order or direction to be passed which is expedient in the facts and circumstances of the case.

(3.) Learned Counsel appearing for the applicant, submitted that when once the probateor letters of administration is granted, the form in which the probate or letters of administration issued does not require to be annexed with the list of assets and liabilities. He further contended that the form in which the probate is to be granted is provided in Schedule VI appended to the Act. A perusal of Schedule VI shows clearly that the form of probate does not contain any provision for the mention of schedule of properties or the assets, which are likely to come to the hands of the petitioner. It is also pointed out to me that hitherto it was the practice in this Court that whenever probate or letters of administration is issued a list of assets and liabilities was annexed to the form in which probate or letters of administration issued. But this practice was later discontinued.