MEERA BORA Vs. HIRA NATH

JUDGEMENT

(1.) In challenge is the order dated 28.04.2009 passed by the learned District Judge, Kamrup, Guwahati, in Probate Case No. 344/2007, rejecting the application filed by the present Petitioner for Letters of Administration on the ground that the same being not verified by her, was not in compliance of the mandatory requirements of Section 280 of the Indian Succession Act, 1925 (hereafter referred to as the Act).

(2.) I have heard Mr. K.K. Mahanta, Senior Advocate assisted by Mr. N.K. Kalita and Mr. A. Barman, Advocates for the Petitioner. Inspite of service of notice on the Respondents, none has entered appearance to resist the prayer made herein.

(3.) The Petitioner, though not the executor of the Will involved, initially filed a petition for probate under the aforementioned legal provision and thereafter sought amendment in the averments to condition the same to facilitate issuance of a Letter of Administration instead. The Will and testament involved is one executed on 10.08.2006 by Kamal Chandra Nath (since deceased), who was the maternal uncle of the Petitioner and the brother of the opposite party/Respondents. According to the Petitioner, though the bequest was in her favour, she was not appointed as the executor of the Will. Seeking probate she instituted Probate Case No. 3447/2007 under Section 280 of the Act.