KAMAL PRASAD Vs. KUMUD VAIDYA

JUDGEMENT

(1.) By this petition filed under section 263 of the Indian Succession Act, 1925, the petitioner seeks revocation of the Letters of Administration issued by this court 29th August,2016 in Petition No.558 of 2016 filed by the respondent in this court in respect of the last Will and Testament and first codicil annexed to the property and credit of Ms.Rajkumari Padmakumari Devi (hereinafter referred to as the said deceased). Some of the relevant facts for the purpose of deciding this petition are as under :-

(2.) It is the case of the respondent that the said deceased had left two writings in English language which were her last Will and Testament and First Codicil to the said Will dated 25th August,2015 and 15th September,2015 respectively. No executor was appointed under the said Will and Codicil by the said deceased. It is the case of the respondent that the said deceased died as a spinster. The parents of the deceased had already per-deceased the deceased. The said deceased had only sister viz. Rajkumari Pushpakumari Devi (Smt.Pushpa Prasad) and had two brothers viz. Kunwar Chandra Bahadur Singh and Kuwar Padam Bahadur Singh. The said sister and two brothers predeceased the deceased. The said sister viz. Rajkumari Pushpakumari Devi (Smt.Pushpa Prasad) who passed away on 11th April,2010. The petitioner and the respondent are the son and the daughter of Smt.Pushpa Prasad respectively. It is the case of the petitioner that the petitioner and the respondents were the only legal heirs of the said deceased. The said deceased expired on 24th October,2015.

(3.) On 29th March,2016, the respondent filed a petition (558 of 2016) inter alia praying for Letters of Administration of the Will and Last Codicil thereto annexed to the properties and credits of the said deceased in this court. In paragraph (9) of the said petition, the respondent stated that the said deceased had left her surviving as her only heirs and next-of-kin as per the provisions of the Hindu Succession Act, 1956 i.e. (1) Mr.Kamal Prasad and (2) Ms.Kumud Deepak Vaidya (respondent herein and the original petitioner in the Testamentary Petition No.558 of 2016).