CHACKO VARKEY Vs. SHEELA PETER

JUDGEMENT

(1.) Can a universal legatee be granted letters of administration in respect of a part of the estate left by the deceased is the question to be considered in this revision petition which arises from the order of District Judge, Ernakulam, who directed revision petitioner to pay court fee on the value of the whole estate.

(2.) One Varkey Saju was in the Middle-East and he was able to invest a large sum in NRE and other accounts. On his death his parents, widow and child have come into a fortune of more than 10 lakhs. As per the will one-third of the amount was bequeathed in favour of his parents, petitioners herein. The remaining two-third is bequeathed to his widow and child who are the respondents. Petitioners moved District Court, Ernakulam as per O.P. 71 of 1989 for letters of administration in respect of one-third of the amount. Respondents entered caveat and the petition was treated as original suit. An issue was raised regarding court fee and after hearing both sides the court below directed petitioners to pay court fee on the value of the whole estate. The correctness of that order is challenged in this revision.

(3.) The general rule as embodied in S.232 of the Indian Succession Act (hereinafter referred as Act) is that letters of administration can be granted only in respect of the whole estate. There is no provision in the Act empowering a legatee to enable him to get a grant in respect of a portion of the estate. S.232 of the Act inter alia provides that when the deceased has made a will but has not appointed an executor a universal or a residuary legatee may be admitted to prove the Will and letters of administration with the Will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered. Without obtaining a probate of the Will or letters of administration with the Will or with an authenticated copy of the Will annexed thereto no right as executor or legatee can be established in any court of justice as per the provision in S.213 of the Aa. This provision is subject to some exceptions wit] which we are not concerned in this revision since the parties are Christians to which S.213 (1) of the Act apply.