LEKSHMI. M. NAIR Vs. SUDHAMONY AMMA. C.K

JUDGEMENT

(1.) The question raised for consideration before us by the Reference Order dtd. 9/1/2024 is whether, in the absence of a notification by the State Government under Sec. 264(2) of the Indian Succession Act, 1925 (for short, 'the Act'), the District Court has jurisdiction to grant or revoke probates and letters of administration.

(2.) A learned Single Judge of this Court in Natarajan T.K. v. T. K. Raman Achari [2023 (2) KHC 652] held that the courts within the State of Kerala have no jurisdiction to issue probate or letters of administration unless there is a notification by the State Government as mandated under Sec. 264(2). To come to the said conclusion, a decision of the Apex Court in Ravinder Nath Agarwal v. Yogender Nath Agarwal and others [2021 (1) KLT 1139 (SC) : AIR 2021 SC 3156] was relied on.

(3.) We have heard Sri.P. B. Krishnan, the learned counsel for the appellant ably assisted by Adv. Chithira Venugopal and Sri.K. S. Hariharaputhran, the learned counsel appearing for the respondents.