JOJO Vs. ANNIE AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. Considering nature of the reliefs sought for in the petition and the fact that the respondents did not contest before the court below, I find no necessity to issue notice to the respondents before disposing this application.

(2.) Petitioner filed an original petition for issuance of letters of administration with a copy of Will annexed as O.P. (Letters of Administration) No.186 of 2013 before the Court of District Judge, Thrissur. After complying with the formalities, the court below passed Ext.P1 order granting letters of administration in favour of the petitioner with a copy of Will annexed. Petitioner was asked to produce a valuation statement pertaining to the property issued by the District Collector and to deposit necessary stamp papers within one month of receipt of the valuation statement. Petitioner is not interested in proceeding further with the matter and he has not taken any steps as directed by the court below. According to him, he does not want the letters of administration with a copy of Will annexed. In fact, he is interested in getting back the original Will.

(3.) Learned counsel for the petitioner took me through sections 290 to 294 of the Indian Succession Act, 1925 (in short, the Act). Section 295 of the Act deals with grant of letters of administration under the seal of court. It prescribes the form set forth in Schedule VII for issuing letters of administration with a copy of Will annexed. Section 291 of the Act requires every person, to whom a letter of administration has been granted, to execute a bond. Section 294 of the Act reads thus: