BANWARILAL SHRINIWAS Vs. KUMARI KUSUM BAI

JUDGEMENT

(1.) THIS appeal is directed against an order of dismissal of an application for revocation of a letters of administration with a copy of the will annexed.

(2.) THE appellant acquired an interest in the testatrix's estate, though after her death, by reason of a transfer by the heirs at law. The questions for consideration are (1) whether he was entitled to a special citation in the proceedings for grant of letters of administration in view of Section 263, Illustration (ii) of the Succession Act, 1925; (2) if so, whether by reason of the absence of citation there was defect of substance within the meaning of Section 263, Explanation, Clause (a) of the act, which vitiated the grant and (3) whether he has a locus standi to apply for revocation.

(3.) THE respondent No. 1, Ku. Kusumbai, daughter of Deoraj hereinafter referred to as the "propnunder" on 16-10-1953 applied for letters of administration of a will alleged to have been executed by her grand-mother, Mst. Kuntidevi, on 4-6-1943, i. e. , nearly 15 years after her death. The will purports to bequeath the property to the propounder, in the first instance, charging the executer named therein to preserve the estate for her benefit during her minority, and if there be necessity to alienate the same to meet the expenses of her marriage. That was a contingent bequest. In the event of her father, Deoraj, performing her marriage, the estate shall then go to her brothers and sisters born afterwards, and in their absence to her mother for maintenance. The effect of the will was to dis-inherit the heirs at law.